Articles by Peter Gosnell

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…


Retired, but fight for fees endures

FMIF receiver David Whyte. FTI Consulting’s John Park. Ex-BDO partner David Whyte might have departed the profession for a life after insolvency but retirement doesn’t mean the abandonment of entitlement to fees incurred, as can be seen from Bruce & Anor v LM Investment Management Limited & Ors [2021] QSC 203. In this long running saga Whyte as receiver of LM First Mortgage Investment Fund…


McGrath duo’s fee mea culpa after trust bungle

McGrathNicol’s Jonathan Henry McGrathNicol Partner Kathy Sozou. When liquidators accidentally pay themselves remuneration from trust assets for work unrelated to the recovery and preservation of those trust assets then a reckoning is nigh. For McGrathNicol duo Jonathan Henry and Kathy Sozou, that reckoning took the form of an application in the NSW Supreme Court recently for retrospective approval of a sum of remuneration – substantially…


Suspended trustee’s cunning plan for fees

Suspended trustee Peter Macks. You would think the transfer of a bankrupt estate from one trustee to two others would be straightforward. It’s not like there’s no precedent upon which practitioners and their lawyers can rely. Straightforward however is not a word that could be applied to the brouhaha that’s engulfed Worrells’ Daniel Cvitanovic and Steve Hundy, inheritors of an estate formerly in the hands…


Exads in 2021 – was it rockbottom?

The Sivaa Consulting insolvency statistics compilation for FY to June 30 2021 is out and as can be expected, it was far from an ordinary or provident year for insolvency practitioners, who can only hope that the metrics contained within also represent the very nadir of the profession’s annus horribilis? Of all the numbers crunched and totals arrived at, nothing better illustrates how the measures…



IPs contemplating media moguldom

Online News Corporation’s Jarrod Sierocki. Insolvency practitioners tend to have well honed instincts for an opportunity but iNO can only wonder what Hall Chadwick’s Ginette Muller and Insolvency Guardian’s Jarrod Sierocki have identified that’s convinced them to invest in the digital media space. Along with Sydney-based publicity veteran Rolene Markson, Muller and Sierocki are, iNO has learned, in the process of fund raising for Online…