Last month we reported on moves commenced by West Australian wine maker Paul Williams to remove various assets from the clutches of Richard Albarran and Brent Kijurina, who’d effected seizure after Williams defaulted on the terms of a loan he sourced from Blackbird Mortgage Corporation (BMC).
The Hall Chadwick duo had been appointed as receiver managers over the assets subject to the security but Williams came out swinging, alleging unconscionable conduct in respect of the loan terms, asserting that Albarran had an undisclosed shareholding in his appointor and obtaining – by consent – an injunction preventing Albarran and Kijurina from dealing with any of the assets or entering the properties the subject of the proceedings without providing written notice three days beforehand to Williams’ solicitors at Canberra-based Adero Law.
That matter has been set down for hearing in June. But Adero was back in court today on behalf of another disgruntled Blackbird borrower with similar gripes.
In this case it’s Kimberly Pearl Tours Pty Ltd (KPT). Again the plaintiff is seeking to challenge the validity of the January 22, 2026 appointment of Albarran and Kijurina as receiver managers. Again the plaintiff alleges unconscionable conduct in respect of the loan.
This morning Federal Court judge Cameron Moore SC heard that KPT wants orders terminating the receivership and the subsequent administration, into which the company was placed on April 15 after Blackbird Private Equity (BPE) director Stuart Wilkinson obtained consents from Mackay Goodwin’s Trajan Kukulovski and Liam Bellamy.
Also identified as parties to the KPT proceedings are Wilkinson, Blackbird subsidiary BPE Loans 2 Pty Ltd and broker Ian Laird and his firm Reform Financial Australia, who was approached by KPT director Daniel Barry Brown in 2024 to identify potential providers of finance facilities to fund the KPT business along with “credit assistance services”.
KPT’s statement of claim includes claims that Albarran and Kijurina breached their professional duties to act in good faith because they were incentivised to: “sacrifice the borrowers’ and guarantors’ interests recklessly; use their position and powers to improperly gain an advantage for themselves or someone else, including the Blackbird Group and act beyond their powers to improperly gain an advantage for themselves or someone else, including the Blackbird Group”.
iNO makes no suggestion of wrongdoing, reporting only on what has been put before the court.
The respondents to KPT’s claim, including Albarran, Kijurina, Laird, Reform Financial, the various Blackbird Capital Group entities and Hall Chadwick are yet to put on defences and through their counsel Nichola Derrington indicated today their position that the evidence so far advanced by KPT to support its claims falls short of the standard required. The possibility of an application for security for costs was flagged.
The matter will return to the court at a date yet to be fixed.
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