Mr Whyte, the court appointed receiver of LM First Mortgage Income Fund, brought an interlocutory application for judicial advice regarding his authority to settle proceedings and cause LMIM to enter and perform terms of settlement (see Re LM Investment Management Ltd (in liq)  QSC 132). Mr Russell, appearing on behalf of LMIM, sought leave to appear for the hearing of this application. Due to the confidential nature of the documents and affidavits involved in the application, Shane Doyle QC (with D Ananian-Cooper and N Derrington) for the applicants, instructed by Gadens, contended Mr Russell’s application for leave to appear and requested the application be heard ex parte in closed court. The applicants successfully obtained this decision from Justice Kelly, who refused LMIM’s application, reasoning LMIM did not have proper interest to be represented.
The judgment is published here.