Articles by Peter Gosnell

Judge moved to critique liquidator’s expert testimony

Hall Chadwick’s Blair Pleash. Liquidator David Ross. Following the delivery of judgment in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 lawyers across the land will be pondering how they can avoid having Justice John Reeves anywhere near their applications in respect of alleged uncommercial, unreasonable and insolvent transactions. How to insulate expert witnesses will…


Accused phoenix tsar facing committal over not much

Philip Damien Whiteman. Photo courtesy ABC News. It’s been some time coming but accused tax fraud mastermind Philip Damien Whiteman this week finally had a day in court in relation to allegations of illegal “phoenix” activity. On Monday the 62 year old “pre-insolvency service provider” from Port Melbourne was charged in the County Court of Victoria with nine offences of dishonestly causing a loss to…


Fee deal evaporates as judge refuses to terminate

Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…


Liquidator queried skinny surplus from Westpac

Jones Partners’ Michael Jones. Liquidator Michael Jones was quick to hose down suggestions of a dispute with Westpac subsidiary Capital Finance after iNO contacted the Jones Partners principal in relation to an application this week in the NSW Supreme Court. iNO’s queries related to orders declaring that a $25,000 surplus Capital Finance generated via the sale of secured assets vested with Jones in his capacity…


Derailed insolvent trading case burns Pitchers pair

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. There must’ve been some choice words in the offices of Pitcher Partners Melbourne after a court refused Andrew Yeo and Gess Rambaldi’s application for judicial indulgence in respect of the late submission of evidence critical to a $6 million plus claim for insolvent trading against Simon Freeman of LGL Commodities. Those choice words however remain unpublished, whereas…


SBS – brought to you by Telstra

McGrathNicol’s Barry Kogan. McGrathNicol’s Jonathan Henry You wouldn’t have known it these last few months but the screening of programs on Australia’s peak multicultural and multilingual television broadcaster has been hanging by a thread whose integrity has been maintained by the continuing efforts of Barry Kogan, Jon Henry and their team at McGrathNicol, the assiduous application of S 447A in the courts and an $850,000…


Severe reprimand and immaterial fine for liquidator

Aston Chace co-founder Steve Naidenov. Liquidator and CPA Australia (CPAA) member Steve Naidenov was left licking his paper cuts recently after CPAA’s Disciplinary Tribunal smote him with what passes for wrath in the age of safe spaces. A reprimand – category severe – and $2000 in fines is what the Aston Chace co-founder incurred in respect of complaints whose origins harken back to when he…


ProvLiqs appointed VAs but denied scope to tender

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Richard Lawrence. Hall Chadwick’s Richard Albarran and Richard Lawrence have had to settle for a more than usually restrained role as administrators after Victorian Supreme Court Judge Jim Delany restrained them from conducting any tender or sale process of the assets of Bluechain Pty Ltd. Albarran and Lawrence were appointed provisional liquidators of the company in February following an…


SPL to eyeball VAs’ sale of battery mineral assets

McGrathNicol’s Anthony Connelly. Incoming SPL Daniel Cvitanovic. The sale of the assets of Battery Mineral Resources Limited (BMR) in late 2019 by Anthony Connelly and Jamie Harris looks set to be scrutinised by a special purpose liquidator (SPL) after a court heard that the McGrathNicol duo – who are currently BMR’s incumbent liquidators – aren’t inclined to object. That means that conditional on the court…


ILGA investigates Club over 24 hour appointment

KPMG’s Morgan Kelly. Helm Advisory founder Stephen Hathway. The arbitrary powers of the NSW Independent Liquor & Gaming Authority (ILGA) have been on overt display these past few weeks in the curious case of the Sydney Portugal Community Club Ltd (Club). iNO readers may recall how we revealed last month that Helm Advisory’s Stephen Hathway and Phil Hosking had to resign appointments as voluntary administrators…