Conflict

Plaintiff trustees preferred if no difference discerned

PwC’s Andrew Scott. When rival parties propose their own trustees to sell property and there’s not even daylight between the contenders, how’s a judge to decide? The answer lies within Yat Kit Jong and Man Chun So – the Trustees of the Property of Ho Wah Au, a Bankrupt v Chow [2022] NSWSC 1595 which reveals that all things being equal, the plaintiff’s nominee generally…


Tenacious tenant spurns Supreme for Federal

BRI Ferrier partner Peter Krejci. Dealing with the disgruntled is part and parcel of any practitioner’s daily grind but sometimes an example of resistance emerges that stands out as an exemplar of its kind. In the ongoing tussle between ENA Development Pty Ltd liquidator Peter Krejci and a Mr Robert Sebie, Krejci and his lawyers at ERA Legal have had to repel allegations of conflict…


Stimpson stymied by SV Partners director’s partner

SV Partners’ David Stimpson. SV Partners Matthew Bookless. Liquidator David Stimpson is having to deal with some unwelcome complexities intruding into his management of the Youpla indigenous funeral fund debacle thanks to those pesky rules around independence and apprehensions of a lack thereof. Near as we can tell, the domino that precipitated the recently filed application by ASIC and the Department of Fair Trading (DFT)…


PwC pair attacked by creditor alleging conflict

PwC partner Martin Ford. iNO would like to make it clear at the outset that in respect of aspersions cast on the conduct of PwC partners Martin Ford and Melissa Humann in the winding up of GTW Investments (Aust) Pty Limited (GTW), the creditor doing the disparaging has form. Back in 2020 the Mitris family’s Pacreef Investments (Pacreef), which yesterday intervened in proceedings brought by…


No dividend, no conflict

Dermott McVeigh of Avior Consulting. Over in the West the pool of formal insolvency appointees might more correctly be described as a puddle and when a practitioner accepts a job involving related entities it can result in some entertaining DIRRIs indeed. One example which recently caught iNO’s eye was a declaration from ex-Ferrier Hodgson partner Dermott McVeigh, who on June 8, 2021 appointed himself liquidator…


FOGO fiasco continues as gross sum costs refused

Liquidator Gavin Moss. Photo: iNO Images Some external administrations seem genuinely cursed and given the tribulations experienced by Chifley Advisory boss Gavin Moss, the liquidation of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH) would appear to be one of them. “I would nevertheless have been inclined to make a specified gross sum costs order, having regard to the impecuniosity of the plaintiffs, if the defendant…


Eight month wait for six month ban

Crouch Amirbeaggi co-founder Nick Crouch. Eight months after a disciplinary committee was convened to determine what punishment if any should be meted out to liquidator Nicholas Crouch the committee has spoken, faintly and inaudibly as it turns out. This is no draconian impost. No rack and ruin. Nor is it an example of a decision being reached in 60 days, as the legislation encourages disciplinary…


Ousted partner fighting to overturn deed of exit

RRI Advisory’s Trajan “John” Kukulovski. iNO readers may well remember our exclusive story of August 2, 2019 that exposed the tumult that had quietly engulfed Jirsch Sutherland back in 2015 as a consequence of an unspecified “confession” by former director Andrew Ngo. The alleged “confession” led to a meeting between ASIC officers and Jirsch founder Rod Sutherland and then managing partner Sule Arnautovic on November…


Liquidator repels conflict and removal bid

Liquidator Gavin Moss. Photo: iNO Images A recent decision out of the NSW Supreme Court shows how liquidators using the same lawyer who acts for creditors or the liquidator’s funder can quell conflict concerns. In this case Chifley Advisory principal Gavin Moss had to defend himself from allegations of multiple conflict-related breaches of duty by Ian Dresner, the director of churrasco operator Fogo Brazilia Holdings…


Pindan VAs extract improved terms from errant parent

EY’s Sam Freeman. EY’s Colby O’Brien. Remember the stick those administrators appointed to Pindan Group last year copped after it was revealed – by iNO – the extent of the relationships the VAs’ firm EY has with Pindan, its immediate owner Oxley Sparkle and ultimate parent, Oxley Holdings Limited? Plenty was how much and plenty of iNO readers thought that their being able to continue…