Corporates

Curacao-style winding up at an end after 27 years

Insolvency marked another milestone last week when former Ferrier Hodgson partner Gary Trevor completed the torturous winding up of Bell Group NV (BGNV) almost three decades after being appointed liquidator by Australian courts of an administration ancillary to its parent insolvency in the Caribbean jurisdiction of what was then the Netherlands Antilles. In the Supreme Court of West Australia the Perth insolvency veteran obtained orders…


11th hour administrators ousted

Hall Chadwick’s Richard Albarran. Hall Chadwick partner Kathleen Vouris. Accepting appointments as administrators can be fraught if it comes after winding up proceedings have commenced. Get the money up front at all costs must be the mantra, but in the following tale iNO can only speculate as to whether Hall Chadwick pair Richard Albarran and Kathleen Vouris were paid what they were promised before they…


Another goldmine, another contestable VA

Hall Chadwick’s Richard Albarran. Fresh from being turfed out of an appointment as voluntary administrator (VA) of a company in control of gold mine in Queensland, Richard Albarran is now facing resistance from another gold miner disinclined to let the Hall Chadwick Sydney partner anywhere near its nuggets. To this end, Golden Point Pty Ltd (Golden Point) yesterday sought an urgent injunction in the Federal…


ProvLiqs may sway $95m harbour property outcome

PKF’s Brad Tonks. PKF partner Mark Roufeil. Marital enmity and alleged share register shenanigans have led to the appointment of PKF’s Mark Roufeil and Brad Tonks as provisional liquidators (ProvLiqs) to companies linked to the alleged buyer of a Sydney Harbour-front reportedly valued at $95 million. The PKF pair were appointed by the courts in late December to various companies linked to businessman “John” Changjin…


Liquidator exceeds fee cap, repels misleading claim

Hamilton Murphy’s Stephen Dixon. The Federal Court has refused to find that Victoria Project Pty Ltd (VPPL) liquidator Stephen Dixon and his firm misled shareholders when he told them his fees to complete a members voluntary winding up (MVL) would be capped at $50,000 plus out of pocket expenses and GST. As is disclosed in Dixon (Liquidator), in the matter of Victoria Project Pty Ltd…


Hastie Group liquidator seeks leave to appeal

Hastie Group liquidator Craig Crosbie. Remember that profusion of Linked In posts that gushed forth before Christmas from triumphal law firms representing the successful respondents in the Hastie Group liquidators’ bank guarantee action? Well that hubristic effusion might in future be seen to have been the highpoint of their clients’ defiance after Hastie Group’s liquidator last week filed and served an appeal to that Christmas…


Hastie: Appeal possible as liquidator shrugs off costs

Hastie Group liquidator Craig Crosbie. The ongoing saga of the Hastie Group Pty Ltd continued yesterday with liquidator Craig Crosbie flagging a possible appeal as the Federal Court delivered reasons in respect of costs. In Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575 retiring judge John Middleton made multiple costs orders in…


The perils of joint & severalism

Ex-liquidator David Iannuzzi. It makes sense to know who your friends are, not least because then you’ll then know that those of them closest must be the enemies. But for one Sydney liquidator, not knowing what his colleague was capable of has come back to bite, hard. Last month the Commonwealth of Australia via the Department of Employment and Workplace Relations (DEWR) filed a Statement…


Queensland receiver fighting bid for judicial inquiry

Marcus Watters of Hall Chadwick. Hall Chadwick partner Marcus Watters is seeking to fend off an application for a judicial inquiry into his conduct of the sale process for the Carvers Reach development in Queensland. Court documents reveal that plaintiffs CIP Group, CIP 1 Pyrmont Portfolio and Marc Clancy are seeking orders for an inquiry into various “acts and omissions” they allege were perpetrated by…


Fee estimates: who needs ’em?

Hall Chadwick’s Richard Albarran. Hall Chadwick partner Kathleen Vouris. Reading the latest report to creditors from the liquidators of Orbis Commodities Pty Ltd, iNO is yet again moved to ponder on the wisdom of forcing appointment takers to provide a life-of-job fee estimate in their initial notice to creditors. When the estimate is between $50,000 and $100,000 and 18 months later the amount being sought…