‘Nominal’ director seeks to be heard on winding up

Cassaniti
Insolvency Option’s Darren Vardy.
BRI Ferrier’s
Peter Krejci.

Whether it’s Richmond Lifts or the NPC Pooled Group there are times when all the current tax fraud allegations seem to circle the same drain, a sink hole beneath which allegedly lurks accountant Samuel Peter Cassaniti.

And as it so happens, one of those times was yesterday morning when an application to wind up Armstrong Scalisi Holdings Pty Ltd came before a Registrar of the Federal Court.

Bringing the application was Darren Vardy in his capacity as liquidator of NPC Advisory (TC) Pty Ltd, one of 35 entities linked to the late insolvency referrer/tax scheme architect Samuel Henderson and part of what’s known as the NPC Pooled Group.

Vardy has a judgment debt against Armstrong Scalisi Holdings, having shown that $275,000 was transferred out of NPC Advisory TC and placed into the trust account of CAP Accounting, the name under which Armstrong Scalisi Holdings trades.

Appearing for Vardy yesterday was 7 Wentworth Selbourne’s Stephen Puttick on instruction from Vardy’s lawyers Ashurst.

The Deputy Commissioner of Taxation (DCoT), who’s been funding Vardy, appeared as supporting creditor and the winding up application might have been heard then and there if it hadn’t been for barrister Geoff Macdonald, appearing on behalf of an interested person, that being Teddy Panella, the director of Armstrong Scalisi Holdings.

Teddy Panella? The man who admitted in public examinations being run by Richmond Lifts group liquidators Peter Krejci and John Keenan from BRI Ferrier that he was a “nominal’ director and didn’t know anything about the affairs of the companies he was being quizzed about?

Yep. That Teddy Panella, who apparently has been giving Krejci and Keenan’s lawyers at ERA Legal conniptions as it seeks to extract from him RoCAPs and admissions that he took instructions from Cassaniti in respect of the management of up to 59 companies to which he’s been appointed director.

Unsurprisingly Macdonald proposed short minutes of order markedly different from those advanced by Puttick, who told Registrar Renee Kirikorian that he didn’t see how Panella could have standing to be heard when Armstrong Scalisi Holdings was under the control of its Provisional Liquidators Krejci and Keenan.

The Registrar however allowed an adjournment to allow Panella to put on submissions, and Vardy and the DCoT to respond.

If Panella fails to avert the winding up Krejci and Keenan will find themselves replaced by whoever Vardy’s tapped for a consent, thereby drawing yet another set of insolvency practitioners into Cassaniti’s gyre.

Further reading:

Law firm invokes “self-incrimination” in privilege biff

Snowballing tax probe forces IPs out

Alleged fraud scores debatable win in conflict case

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