ATO

Forgery allegations almost invalidate appointment

BPS Recovery’s Mitchell Ball. BPS Recovery’s Mitchell Ball has dodged a bullet after forgery allegations raised doubts about the validity of his appointment in August 2013 as liquidator of Bluemine Pty Ltd. In the NSW Supreme Court yesterday INO listened with mounting interest as the court heard that a former director of Bluemine – one Gino Cassiniti – wanted to withdraw previous admissions he’d made…


Trustees seize high flyer’s holiday house sale proceeds

JUSTKapital founder Phil Kapp. The saga of former Corrs partner and  JUSTKapital co-founder Philip Kapp does not stop with the latest instalment featuring a fight over the proceeds of sale of a holiday house. Kapp has already battled aggressive cancer with a blitzkrieg of experimental and expensive treatments; fallen out with the partners in his litigation funding venture and declared bankruptcy following a relentless pursuit by the…


Receiver seeks discharge over “other issues”

Liquidator David Iannuzzi. I infer, therefore I am. Such were the inanities wont to shuffle behind INO’s eyeballs during pauses in the Supreme Court’s Corporations List on Monday morning. Fortunately for you, good readers and bad, such philosophical meanderings are infrequent and the most recent evaporated instantly upon the detection of an irregularity. In these opportunity-starved times, an insolvency practitioner seeking to be discharged from…


ATO inquisitor defects to private sector

Departing ATO director Aris Zarifiou. Image: http://www.theonesense.com The tax personage’s loss is the taxpayer’s gain, or at least that’s what Tania Waterhouse is expecting as Aris Zarifiou joins her other recent ATO hire Michael Cranston at Waterhouse Lawyers. Yesterday – between distressingly chesty hacks – a flu-stricken Waterhouse explained that Cranston and Zarifiou would provide taxpayers with the best possible representation in their dealings with…


Tax boss yet to pin down liquidator on inquiry question

Veritas Advisory’s David Iannuzzi. Despite various decisions in its favour, including most recently in February before the Federal Court of Appeal, the Commissioner of Taxation (CoT) has even now, more than 18 months after this action was commenced, yet to fully secure its bid for an inquiry into the conduct of Sydney liquidator, David Iannuzzi. Observers of this slow march to uncertainty would be forgiven…


ATO case against liquidator takes a hit

Brooke Bird’s Robyn Erskine. The Federal Court of Appeal yesterday dismissed an application by North Shore Property Developments (NSPD) liquidator Robyn Erskine in what represents a potential setback for the ATO in its pursuit of Erskine’s predecessor, Sydney liquidator David Iannuzzi. In Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62…


ATO backs another Iannuzzi-related action

Brooke Bird’s Robyn Erskine. Veritas Advisory principal David Iannuzzi. It’s well documented that Sydney liquidator David Iannuzzi is defending an action brought by the Commissioner of Taxation (CoT) that aims to end his career. Now a new front in that war has been potentially opened following belated approval of a funding agreement between the CoT and Melbourne-based liquidator Robyn Erskine. In the Federal Court yesterday…


Jirsch partner overcomes ATO objections

Jirsch Sutherland Melbourne partner Glenn Crisp has had a win of sorts over the Deputy Commissioner of Taxation (DCoT) in regards to his tenure, his fees and a proposed litigation funding agreement. In the matter of Imagebuild Group Pty Ltd [2019] VSC 213 (5 April 2019) we get a detailed breakdown of why the DCoT regarded Crisp’s claims for remuneration as excessive and how Crisp…


Vic Liqs whacked on costs after failed appeal

Victorian liquidator Ross McDermott. Victorian liquidators Ross McDermott and John Potts have had a rugged time of it of late. On March 1 INO reported how the pair had fallen foul of their funder, the Federal Commissioner of Taxation (Commissioner) in relation to their pursuit of $22 million said to be owing in relation to an uncommercial and unreasonable director-related transaction involving the company in…


Bid to halt conduct inquiry fails

Veritas Advisory principal David Iannuzzi. The Federal Court has dismissed an application for leave to appeal orders for a judicial inquiry into the conduct of Sydney liquidator David Iannuzzi. Last week three judges of the Federal Court of Appeal ruled that none of the submissions made by Iannuzzi’s legal representatives had persuaded them that in ordering an inquiry into Iannuzzi’s conduct last year, Federal Court…