Conduct

Judge labels ASIC vexatious as inquiry bid quashed

Don’t be fooled he’s thrilled. Liquidator David Hurst (R) with lawyer Joe Scarcella. An application for a judicial inquiry into the conduct of Andrew Wily and David Hurst has been dismissed with the judge describing the corporate regulator’s pursuit of Wily as vexatious. Delivering judgment in the NSW Supreme Court yesterday, Justice Paul Brereton apologised for the time it had taken him to provide a…


David Leigh sentenced to seven years

Ex-PPB Advisory partner David John Leigh. Former PPB Advisory Brisbane partner David John Leigh, 56 of Sherwood in Queensland has been sentenced to seven years gaol after pleading guilty late last year to stealing $800,000. Leigh was sentenced last Friday in the Brisbane Magistrates Court and must serve a minimum 22 months before being eligible for parole. The three charges relate to the theft of…


Judge takes “broad axe” to receiver’s fee

Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. When you’ve accepted an interim appointment by court order for an explicit purpose it’s best not to undertake work not the subject of said order, particularly if there’s a chance that your subsequently contested remuneration claim might be assessed via application of the so-called “broad axe” wielded by NSW Supreme Court Judge Paul “Proportionality” Brereton. Sadly…


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…


PwC trawls Jirsch files in fraud aftermath

Amanda Young. The costs keep mounting for Jirsch Sutherland with the firm engaging PwC to conduct an exhaustive audit of its systems and files in the wake of the alleged misappropriation of approximately $238,000 by former partner Amanda Young. A spokeswoman for Jirsch yesterday confirmed the engagement, which INO understands will attempt to identify how Young, whose employment was terminated just before Christmas, allegedly siphoned…


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…


Bankruptcy trustee’s axing imminent

Artemis Insolvency’s Peter Dinoris. The bankruptcy regulator has confirmed what INO reported back on March 6, 2019 – Queensland-based trustee Peter Dinoris is potentially facing the chop. Without fanfare the Australian Financial Security Authority (AFSA) has attached a notice on its register of trustees advising that the Inspector General in Bankruptcy had issued Dinoris with a show cause notice and received no response. Accordingly, the…


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…


dVT pair fined $10,000

dVT’s Suelen McCallum. dVT’s Riad Tayeh dVT Group duo Suelen McCallum and Riad Tayeh have been fined $10,000 following an investigation by an ARITA Professional Conduct Committee (PCC). ARITA convened the PCC to examine the pair’s acceptance of an appointment as liquidators of Hemisphere Technologies (HT), which these days is known as ACN 152 546 453 Pty Ltd. Their appointment took place in January 2017,…


Queensland Trustee offloading files

Artemis Insolvency’s Peter Dinoris. Last week INO reported that certain sunburned sources north of the Tweed were insisting Artemis Insolvency’s Peter Dinoris was getting out of the game. While the man himself is reportedly on leave and yet to respond to INO’s inquires, we did confirm yesterday that Dinoris recently offloaded almost a third of his bankruptcy files to McLeod Partners‘ partner, Bill Karageozis. Principal…