Costs

Derailed insolvent trading case burns Pitchers pair

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. There must’ve been some choice words in the offices of Pitcher Partners Melbourne after a court refused Andrew Yeo and Gess Rambaldi’s application for judicial indulgence in respect of the late submission of evidence critical to a $6 million plus claim for insolvent trading against Simon Freeman of LGL Commodities. Those choice words however remain unpublished, whereas…


Privilege dispute leaves liquidator with costs

Cor Cordis Melbourne partner Bruno Secatore. The week wouldn’t be complete if we didn’t revisit briefly the ongoing slugfest between Cor Cordis Melbourne boss Bruno Secatore and Deloitte as the former delves into the latter’s lengthy involvement with the Bob Jane tyre empire. As liquidator of Bob Jane Group entity Last Lap Pty Ltd Secatore has succeeded in having summonses for public examination issued to…


Liquidator foiled after payment ruled not void

O’Brien Palmer’s Chris Palmer. There are times when one is compelled to ask what motivates a liquidator to pursue an 11th hour payment to a creditor when the sought after sum, once costs are deducted, amounts to sixth fifths of bugger all? For iNO such a time came on Tuesday as we read the judgement of Justice Fabian Gleeson In the matter of Skypac Aviation…


Guillotine evaded, but indemnity costs the price

DCL Advisory’s Thomas Dawson. A recent decision of the NSW Supreme Court has highlighted why liquidators and their legal advisors need not think an absolute guillotine order precludes them from having a fresh crack, though in winning a motion to amend, liquidator Thomas Dawson has also copped an indemnity costs order for delay. In Dawson as liquidator of J R Line and Safety Services Pty…


Court refuses trust asset indemnity pre-examination

No trust asset indemnity ex ante – Hogan Sprowles’ Partner Chris Sprowles. Hogan Sprowles‘ Chris Sprowles‘ must have had the confidence meter on full recently when he sought priority over contested trust assets to ensure he was indemnified for undertaking a public examination, to be conducted after he obtained the indemnity. As is revealed in Structum Pty Ltd v CWCN Pty Ltd [2020] NSWSC 1314…


Liquidator registers interest for fees on PPSR – briefly

Jirsch Sutherland’s Malcolm Howell. While nobody’s giving much away it would seem that the liquidation of AFX Group Proprietary Limited is quite the cluster___. “Messy” was how one insider described the related party-laden morass to iNO yesterday and no doubt Jirsch Sutherland partner Malcolm Howell, who is owed more than a quarter of a million in fees, would agree. As iNO previously reported Howell was…


Cor Cordis pair’s bold lunge for costs restrained

Emu Group liquidator Andre Lakomy. Cor Cordis’s Alan Walker. iNO generally concurs with the approach that when one stumbles at the start it’s best to decry humility in favour of a bold lunge, one aimed at re-establishing primacy in the administration of an entity’s affairs.  Unfortunately for the applicant liquidators in In the matter of Emu Group Pty Ltd (in liq) (No 2) [2020] NSWSC…


The vicissitudes of van der Velde priced at $300,000

SV Partners managing director Terry van der Velde. SV Partners boss Terry van der Velde would’ve known it was coming but it seems a costs order of $298,898.49 is a sum even a successful mid-tier insolvency chieftain can’t effortlessly cajole from one’s indemnity insurer. van der Velde’s vicissitudes were made manifest on August 12 by Federal Court Registrar Tom Morgan, who determined that a previous…


Lit funder Vannin to cough up security in cash

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Blair Pleash. We’re sure Vannin Capital is a successful player in the oft-times lucrative litigation funding space but two insolvency-based bets it’s made in Queensland have proved troublesome. Little mystery can attach to why bankrolling the general purpose liquidators (GPLs) of Queensland Nickel in litigation involving the company’s former director Clive Palmer hasn’t gone to plan. Palmer could probably…


Worrells pair face hefty costs with no recourse

Worrells’ Dominic Cantone. Worrells’ Nick Cooper. Worrells’ duo Dominic Cantone and Nick Cooper could shortly be calling their professional indemnity insurer after a Federal Court judge on Monday proposed making orders requiring them to pay costs minus the usual right of indemnification. In Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company…