Articles by Peter Gosnell

Lack of lit funding no bar for writ served old

KPMG’s Glenn Livingstone. Kroll Restructuring’s Steve Parbery. Any liquidator needing to know how to maintain and extend the life of a writ whilst he or she spends precious months fruitlessly searching for a sympathetic litigation funder could do worse than taking a peep at Jabiru Satellite Ltd v Societe Generale [2021] VSC 544 (2 September 2021). Whilst the search for a litigation funder in this…


Jirsch duo may shake SPL scrutiny as lender blinks

Threats of special purpose scrutiny might shortly be lifted from the shoulders of Jirsch Sutherland partners Bradd Morelli and Trent Devine after one of the players in the hotly disputed FW Projects Pty Ltd liquidation blinked. Manassen Holdings, the investment arm of wealthy food importer Roy Manassen and wife Cynthia last month wrote to lawyers representing the IGA-affiliated Karellas family. In that correspondence, details of…


Cor Cordis duo appoint KM to preserve independence

Cor Cordis partner Jeremy Nipps. Cor Cordis partner Barry Wight. Cor Cordis partners Barry Wight and Jeremy Nipps have taken great care to read the tea leaves in respect of their recent application to the court for orders appointing Mark Korda and Rahul Goyal as receiver/managers of Elite Opera Holdings Pty Ltd (EOH). The pair could have applied to have themselves appointed as receivers to…


Plutus liquidators’ suppression bid unravels

Deloitte’s Sal Algeri. Deloitte’s Tim Norman. “At the moment it seems to me that this application has descended into chaos” the judge said, and at that point the inexpertly tailored bid for suppression orders in the matter of Plutus Payroll came apart like a cheap suit. It was yesterday morning in the court of Justice Ashley Black, and an application was being brought by lawyers…


Liquidator to examine referrer

Morton + Lee Insolvency’s Gavin Morton. There must always be a little more spice attaching to a public examination for both liquidator and examinee when the latter was the former’s referrer. A little more relish too perhaps. Following receipt of the summons to appear the referrer may well have thought: ‘Well don’t expect any more work from us old bean’, or words to that effect….


Compliance boffins discover unregulated microcosm

ASIC chairman Joe Longo. One should never under-estimate ASIC for making much of little, particularly in regards to the imposition of compliance where experienced professionals were previously free to call the shots without reference to rules conceived by inexperienced bureaucrats. So it was that iNO could not but be amused when browsing ASIC’s latest manifesto of intent to see that among the various new ideas…


Another 11th hour VA fails to derail winding up

Worrells Con Kokkinos. iNO would not presume to speculate on whether it’s poor judgment, an entrepreneurial appetite for risk or sheer desperation that compels registered liquidators to sometimes accept appointments as voluntary administrators (VA) in situations where it would seem, even to your correspondent’s lay understanding, that only a liquidator will do. Such thoughts occurred however as iNO considered the very recent winding up of…


Liquidator gets his indemnity costs 2nd time around

Rodgers Reidy director Geoff Reidy. Geoff Reidy must’ve near drowned earlier this month, engulfed by a wave of satisfaction after winning an order for indemnity costs against a disgruntled director who’d sought to portray the Rodgers Reidy principal in terms not entirely favourable. The smear attempt failed of course, crashing impotently against the seawall of logic personified by NSW Supreme Court chief justice in equity…


ARITA brands ASIC “hypocritical” over IFM

In the wake of the release last month of ASIC’s latest Cost Recovery Implementation Statement (CRIS) it’s clear that ARITA’s opposition to the liquidator levy has not waned in the face of the COVID 19 pandemic, and having burrowed through the CRIS iNO can but conclude that the hostility’s warranted. “Given the high levels of disclosure which are required of registered liquidators when seeking approval…


Court can’t appoint SPL and won’t appoint RevLiq

McGrathNicol’s Anthony Connelly. McGrathNicol’s Jamie Harris. You don’t have to delve too deeply into Justice John Griffith’s August 17 ruling on a failed application to appoint a reviewing liquidator to conclude that the incumbent appointees probably didn’t lost much sleep worrying about what any RevLiq might’ve found in respect of their sale of the assets of Battery Minerals Resources (BMR). McGrathNicol’s Anthony Connelly and Jamie…