LM First Mortgage Income Fund

Remuneration

FMIF Receiver’s Court Application for Remuneration Approval – Hearing Date 30 November 2017

On 10 November 2017, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 May 2017 to 31 October 2017 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 May 2017 to 31 October 2017. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court application for remuneration approval (0.5 MB)
• Application for approval of remuneration filed on 10 November 2017 (0.2 MB)
• Affidavit of David Whyte sworn on 9 November 2017 and filed on 10 November 2017 (9.2 MB)
• Exhibit Volume 1 to the Affidavit of David Whyte filed 10 November 2017 (32.4 MB)
• Exhibit Volume 2 to the Affidavit of David Whyte filed 10 November 2017 (15.1 MB)

The hearing for the remuneration application of the Court Appointed Receiver took place on 30 November 2017. The court approved the remuneration sought of $1,280,897.20 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 May 2017 to 31 October 2017. In addition, the court approved the remuneration sought of $26,155.25 (inclusive of GST) in respect of the work undertaken on the controllerships during the period 1 May 2017 to 31 October 2017. A copy of the order made on 30 November 2017 is available below:

• Order of the Supreme Court of Queensland dated 30 November 2017. (1.0 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 30 June 2017

On 9 June 2017, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 November 2016 to 30 April 2017 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 November 2016 to 30 April 2017. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court application for remuneration approval (1.3 MB)
• Application for approval of remuneration filed on 9 June 2017 (0.3 MB)
• Affidavit of David Whyte sworn on 13 June 2017 and filed on 14 June 2017 (2.7 MB)
• Exhibit Volume 1 to the Affidavit of David Whyte filed 14 June 2017 (11.4 MB)
• Exhibit Volume 2 to the Affidavit of David Whyte filed 14 June 2017 (16.1 MB)

The hearing for the remuneration application of the Court Appointed Receiver took place on 30 June 2017. The court approved the remuneration sought of $897,580.20 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 November 2016 to 30 April 2017. In addition, the court approved the remuneration sought of $12,314.50 (inclusive of GST) in respect of the work undertaken on the controllerships during the period 1 November 2016 to 30 April 2017. A copy of the order made on 30 June 2017 is available below:

• Order of the Supreme Court of Queensland dated 30 June 2017. (1.0 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 2 December 2016

On 18 November 2016, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 May 2016 to 31 October 2016 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 May 2016 to 31 October 2016. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court application for remuneration approval (0.7 MB)
• Application for approval of remuneration filed on 18 November 2016 (1.1 MB)
• Affidavit of David Whyte sworn on 17 November 2016 and filed on 18 November 2016 with Exhibit Volume 1 (4.6 MB)
• Exhibit Volume 2 to the Affidavit of David Whyte filed 18 November 2016 (3.6 MB)
• Exhibit Volume 3 to the Affidavit of David Whyte filed 18 November 2016 (3.8 MB)
• Exhibit Volume 4 to the Affidavit of David Whyte filed 18 November 2016 (2.7 MB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 2 December 2016. The court approved the remuneration sought of $1,119,991.40 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 May 2016 to 31 October 2016. In addition, the court approved the remuneration sought of $13,385.35 (inclusive of GST) in respect of the work undertaken on the controllerships during the period 1 May 2016 to 31 October 2016. A copy of the order made on 2 December 2016 is available below:

• Order of the Supreme Court of Queensland dated 2 December 2016. (0.6 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 28 June 2016

On 8 June 2016, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 November 2015 to 30 April 2016 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 November 2015 to 30 April 2016. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that Application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 8 June 2016 (0.1 MB)
• Application for approval of remuneration filed on 8 June 2016 (1.1 MB)
• Affidavit of David Whyte sworn and filed on 8 June 2016 with Annexure to Affidavit of David Whyte filed on 8 June 2016 – volume 1 of 3 (10.9 MB)
• Annexure to Affidavit of David Whyte filed on 8 June 2016 – volume 2 of 3 (5.8 MB)
• Annexure to Affidavit of David Whyte filed on 8 June 2016 – volume 3 of 3 (6.3 MB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 28 June 2016. The court approved the remuneration sought of $1,405,155.40 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 November 2015 to 30 April 2016. In addition, the court approved the remuneration sought of $36,510.65 (inclusive of GST) in respect of the work undertaken on the controllerships during the period 1 November 2015 to 30 April 2016. A copy of the order made on 28 June 2016 is available below:

• Order of the Supreme Court of Queensland dated 28 June 2016 (0.7 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 11 December 2015

On 24 November 2015, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 May 2015 to 31 October 2015 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 May 2015 to 31 October 2015. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that Application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 24 November 2015 (0.5 MB)
• Application for approval of remuneration filed on 24 November 2015 (0.3 MB)
• Affidavit of David Whyte sworn on 23 November 2015 and filed on 24 November 2015 (2.9 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015- volume 1 of 8 (76.8 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015- volume 2 of 8 (4.6 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 3 of 8 (6.1 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 4 of 8 (6.4 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 5 of 8 (5.4 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 6 of 8 (6.1 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 7 of 8 (8.5 MB)
• Annexure to Affidavit of David Whyte filed on 24 November 2015 – volume 8 of 8 (6.2 MB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 11 December 2015. The court approved the remuneration sought of $2,279,205.50 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 May 2015 to 31 October 2015. In addition, the court approved the remuneration sought of $194,052.10 (inclusive of GST) in respect of the work undertaken on the controllerships during the period 1 May 2015 to 31 October 2015. A copy of the order made on 11 December 2015 is available below:

• Order of the Supreme Court of Queensland dated 11 December 2015 (Sealed) (0.6 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 23 June 2015

On 29 May 2015, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 October 2014 to 30 April 2015 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 1 October 2014 to 30 April 2015. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that Application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 2 June 2015 (72.0 kB)
• Amended Application for approval of remuneration filed on 3 June 2015 (1.5 MB)
• Sealed copy order of Justice Lyons 1 June 2015 regarding the substituted service application filed 29 May 2015. (1.2 MB)
• Affidavit of David Whyte sworn and filed on 29 May 2015 (5.0 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 1 of 7 (83.4 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 2 of 7 (79.9 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 3 of 7 (101.6 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 4 of 7 (64.4 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 5 of 7 (64.2 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 6 of 7 (71.6 MB)
• Annexure to Affidavit of David Whyte filed on 29 May 2015 – volume 7 of 7 (66.2 MB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 23 June 2015. The court approved the remuneration sought of $1,761,911.25 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 October 2014 to 30 April 2015. In addition, the court approved the remuneration sought of $442,214.30 in respect of the work undertaken on the controllerships during the period 1 October 2014 to 30 April 2015. A copy of the order made on 23 June 2015 is available below:

• Order of the Supreme Court of Queensland dated 23 June 2015 (Sealed) (1.0 MB)

FMIF Receiver’s Court Application for remuneration Approval – Hearing date 27 November 2014

On 7 November 2014, the Court Appointed Receiver made an application for the approval of his remuneration for the period 1 April 2014 to 30 September 2014 together with his remuneration for work undertaken in respect of the Controllership appointments for the period 25 September to 30 September 2014. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that Application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 7 November 2014 (0.1 MB)
• Application for approval of remuneration filed on 7 November 2014 (0.3 MB)
• Affidavit of David Whyte sworn and filed on 7 November 2014
  • Affidavit of David Whyte filed on 7 November 2014 – volume 1 of 4 (3.7 MB)
  • Affidavit of David Whyte filed on 7 November 2014 – volume 2 of 4 (2.1 MB)
  • Affidavit of David Whyte filed on 7 November 2014 – volume 3 of 4 (5.3 MB)
  • Affidavit of David Whyte filed on 7 November 2014 – volume 4 of 4 (0.7 MB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 27 November 2014. The court approved the remuneration sought of $1,005,948.35 (inclusive of GST) in respect of work undertaken in dealing with FMIF during the period from 1 April 2014 to 30 September 2014. In addition, the court approved the remuneration sought of $7,000.95 in respect of the work undertaken on the controllerships during the period 25 September 2014 to 30 September 2014. A copy of the order made on 27 November 2014 is available below:

• Order of the Supreme Court of Queensland dated 27 November 2014 (Sealed) (0.6 MB)

FMIF Receiver’s Court Application for remuneration Approval – 28 August 2014

On 5 May 2014, the Court Appointed Receiver made an application for approval of his remuneration for the period 8 August 2013 to 31 March 2014. The Notice to the Members of the LM First Mortgage Income Fund (Receivers and Managers Appointed) (Receiver Appointed) with respect to that Application together with a copy of the application and supporting material can be found below.

• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 6 June 2014 (52 kB)
• Order of the Supreme Court of Queensland dated 26 May 2014 (sealed) (376 kB)
• Notice to Members of the Receiver’s Court Application for Remuneration Approval dated 5 May 2014 (68 kB)
• Interlocutory Application for substituted service filed on 2 May 2014 (264 kB)
• Affidavit of David Whyte sworn and filed on 2 May 2014 (in support of the interlocutory application) (580 kB)
• Order of the Supreme Court of Queensland dated 5 May 2014 (sealed) (224 kB)
• Substantive Application for approval of remuneration filed on 2 May 2014 (188 kB)
• Affidavit of David Whyte sworn and filed on 2 May 2014 (in support of the substantive application) (2.16 MB)
• Affidavit of David Whyte filed on 2 May 2014 – certificate of exhibit volume 1 of 4 (20.3 MB)
• Affidavit of David Whyte filed on 2 May 2014 – certificate of exhibit volume 2 of 4 (11.8 MB)
• Affidavit of David Whyte filed on 2 May 2014 – certificate of exhibit volume 3 of 4 (12.2 MB)
• Affidavit of David Whyte filed on 2 May 2014 – certificate of exhibit volume 4 of 4 (7.59 MB)

Mr Whyte has filed an interlocutory application seeking an order that the application for approval of his remuneration filed on 2 May 2014 (the Remuneration Application) be re-listed for hearing on the applications list on a date convenient to the Court, or, alternatively, directions for the conduct of the proceedings. The interlocutory application is listed for hearing at 10 am on 31 July 2014. The Remuneration Application will not be determined on 31 July; the hearing dates of 28 and 29 August 2014 remain for the time being, subject to any order made on 31 July 2014.

A copy of the interlocutory application and supporting Affidavit are available below:

• Application filed 24 July 2014 (148 kB)
• Affidavit of Alex Nase sworn 23 July 2014 (1.65 MB)

A copy of the sealed order made on 31 July 2014 is available below:

• Order of Justice Atkinson dated 31 July 2014 (156 kB)

As indicated above, the hearing for the remuneration application of the Court Appointed Receiver took place on 28 August 2014. The court approved the remuneration sought of $702,480.35 (inclusive of GST) for the period from 8 August 2013 to 31 March 2014. A copy of the order made on 28 August 2014 is available below:

• Order of the Supreme Court of Queensland dated 28 August 2014 (Sealed) (1.16 MB)