Articles by Peter Gosnell

Resistance became acceptance after breakfast

Chifley Advisory’s Gavin Moss Sydney liquidator Gavin Moss would’ve donned his best asbestos before fronting the NSW Supreme court yesterday, well aware he might be exposed to incendiary cross examination in respect of an application to remove him as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH). The ditch-and-replace initiative is being brought by Rebel Sports co-founder Ian Dresner of Fogo Brazilia Holdings Pty Ltd…


dVT founder retiring with KordaMentha in pursuit

Retiring – dVT Group founder Antony De Vries dVT Group’s Antony De Vries is preparing to bow out after a long career as one of western Sydney’s bigger insolvency wheels but any expectation of a tranquil retirement will likely be disappointed in the short term at least. In their capacity as the liquidators of the failed tax scam Timbercorp, KordaMentha partners by Craig Shepard and…


FOGO liquidator resisting conflict conniptions

Chifley Advisory’s Gavin Moss Further details of the bid to remove Gavin Moss as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH) emerged this week when a court ruled on an application to have a subpoena seeking details of communications between Moss, his funder and his funder’s lawyer set aside. The subpoena was issued to Stewart Levitt of Levitt Robinson Solicitors on February 24,…


Liquidators recover $2m plus costs from ATO

Hall Chadwick’s Richard Albarran. Richard Albarran and David Ross have had quite a win in the NSW Supreme Court, with a judge ruling $2 million paid to the Commissioner of Taxation (ATO) by Western Port Holdings (WPH) whilst it was subject to a deed of company arrangement (DoCA) should be handed back. But will the decision prevail if an appeal is heard? The court’s ruling,…


Queensland trustee referred to disciplinary committee

Daniel Moore – BCR Advisory (Qld). Veteran trustee and liquidator Daniel Moore has been referred to a disciplinary committee in respect of allegations he breached his statutory and fiduciary duties. The Queensland-based insolvency practitioner was referred to a disciplinary committee by the Inspector-General in Bankruptcy under part 2, schedule 2 on March 10. Moore did not respond to requests for comment but a source with…


Liquidator resigns and refunds but questions remain

Departed CPAA director and Brooke Bird partner Robyn Erskine. Brooke Birds’ Adrian Hunter. iNO suspects that there is plenty left unsaid in the recent announcement by CPA Australia (CPAA) that director Robyn Erskine had fallen on her sword and resigned, effective from March 4. In an email to members sent last Friday CPAA said that Erskine, the first female liquidator to be made a Life…


Risks to SBRP highlighted in ruling on winding up

Integra Restructuring & Insolvency principal Adam Preiner. An application to adjourn the hearing of a winding up application whilst the applicant is subject to the Part 5.3B small business restructuring regime illuminates some of the potential risks facing registered liquidators who accept appointments as a Small Business Restructuring Practitioner (SBRP). In this case the liquidator is Sydney-based Adam Preiner of Integra Restructuring & Insolvency (INTRI)…


Deed administrators facing ousting from SBL Solutions

Aston Chace’s Vincent Pirina. Aston Chace principal Steve Naidenov. A pair of dissatisfied creditors of SBL Solutions, aggrieved that related party votes helped push through a deed of company arrangement (DoCA), have commenced legal action to have the oft-amended DoCA set aside, the company wound up and Macquarie Gordon’s Gus Gordon replace deed administrators Vincent Pirina and Steve Naidenov as liquidator. As is often the…


AIIP – April Sydney mini conference

ADVERTORIAL AIIP April mini conference speaker and barrister Ingrid King. There’s nothing better than camaraderie, particularly in these unprecedented times. Following on from the uncertainly of state border closures and measures imposed to sustain business, AIIP has reformulated its conference offering for 2021. The first of three State capital-based hybrid conferences kicks off on April 22, 2021 in Sydney. In addition to a punchy five topic program, the Sydney…


dVT pair to appeal Timbercorp ruling

dVT’s Riad Tayeh dVT Groups Antony De Vries dVT Group founders Riad Tayeh and Antony De Vries have instructed their lawyers to appeal a judgment that could see them facing bankruptcy proceedings in respect of investor loans issued by failed agri-scheme operator Timbercorp. Solicitor Marc Ryckmans of Somerset Ryckmans today confirmed that his clients had instructed him file an appeal to the judgment of Victorian…