Articles by Peter Gosnell

Liquidator wins interest fight with former partner

Steve Kugel of The Insolvency Experts. CRS Warner principal Anthony Warner The agonies attending when a partnership split is endlessly litigated have been on full display in this saga of friendship lost and the latest judgment in the case represents another unwelcome suppository for the liquidator on the losing end. As iNO’s previously reported, liquidators and former friends Steve Kugel and Anthony Warner have been…


It’s a liquidator’s prerogative to change their mind

Liquidator Tony Cant. Liquidator Craig Bolwell. Hopefully there’s no hard feelings after a judge this week rejected an appeal in respect of a lengthy proof of debt dispute involving two Victorian liquidators. “In any event, there is nothing in the evidence to suggest the defendant’s later adjudication was made capriciously, in bad faith or without proper regard to the relevant facts and law.” Associate Justice…


Pre-insolvency advisor changes name, winds up

de Jonge Read founder and executive director Henry ‘Hank’ de Jonge. When a prominent pre-insolvency advisor, in the midst of surging levels of external administration, calls in liquidators iNO cannot look away because in all likelihood, there’s bound to be something to see. In this instance it’s Henry “Hank” de Jonge and Ashley Shield, those well known providores of “Pre-Insolvency advice you can trust” from…


Hall Chadwick duped into misdirecting legal fees

Hall Chadwick partner John Shanahan. iNO had to suppress a grimace on seeing the financial complaints ombudsman David Locke spruik the Commonwealth Bank of Australia’s (CBA) latest anti-scam initiatives over the weekend. The Australian Financial Complaints Authority (AFCA) ceo and chief ombudsman did his bit for the bank by posting on Linked In a Sydney Morning Herald (SMH) piece on CBA’s Scam Indicator and NameCheck…


Bankruptcy judge lashes law firm for informality

Federal Circuit and Family Court judge Sophie Given. AIIP President Shabnam Amirbeaggi. Insolvency practitioner and AIIP president Shabnam Amirbeaggi would have been relieved last week that it wasn’t her lawyers who recently attracted the ire of Federal Circuit judge Sophie Given. As trustee in bankruptcy of one Maureen Billiau, Amirbeaggi has been frustrated in her efforts to realise estate property and so she went to…


VAs win six more months as receivers suppress

FTI Consulting’s Kate Warwick. KPMG’s David Hardy. Thanks to a judge’s preparedness to make suppression orders iNO can’t say as much as we reckon should be said about yesterday’s application by the administrators of failed cosmetics group BWX Pty Limited for an extension of the period in which to convene the second meeting of creditors. The application was the second made by FTI Consulting’s Joe…


Law firm sued after asking CBA to appoint receivers

Cor Cordis partner Sam Kaso. Beware the company director who emerges restored to competency after a stint in a psychiatric institution. That’s the lesson one law firm is learning in the Supreme Court of Victoria. Of course, said law firm is doing all it can to persuade the court that the lesson is not its to learn, and that the director seeking to impose it…


How not to go about replacing a trustee

DW Advisory’s Paul Weston. It perhaps comes as no surprise that a man who’s defrauded our electoral processes, assaulted his missus, thumped a journalist, forged documents, and been banned, bankrupted and gaoled, might also find reasons to be aggrieved with his trustee. Nor does it surprise iNO that a court, having considered the numerous grounds advanced to justify an inquiry into the trustee’s conduct, might…


Old Chadwickian off the hook after 17 years

Hall Chadwick’s Richard Albarran. Etienne Lawyers Steven Brown. A judge of the NSW Supreme Court yesterday delivered the coup de grace to long standing allegations of dishonesty and breaches of duty by a lawyers and a liquidator, thus bringing to an end a saga that’s hung over the heads of certain Hall Chadwick Sydney members past and present since 2006. “Mr Salmon is plainly aggrieved…


Liquidators, receivers in tug of war over $20 million

DV Recovery Management’s Daniel O’Brien. Oracle Insolvency Services’ Nick Cooper. With the fate of $20 million in a solicitor’s trust account uncertain and three sets of insolvency practitioners on the clock, who could fault any for contemplating liens? Certainly not iNO, who was roused from inattention during last Monday’s Corporation Lists in the NSW Supreme Court by barrister Ingrid King telling Justice Ashley Black that…