Costs

Liquidator battling to avoid $60k legal bill

The dispute around control of Rushcutters Bay eatery Bar M – formerly known as Bar Machiavelli Pty Ltd – has Hurst Recovery’s David Hurst in court urgently seeking to unwind transactions that could ultimately see him liable to pay a costs order for at least $60k and other as yet unallocated costs. At the same time, those who referred him the job – restaurateur Paola Toppi and…


Deloitte partner rebuffed on costs challenge

Deloitte’s David Mansfield has come away with a shiner from a challenge he brought on in the District court of NSW after an earlier bout left him bloodied and leaking costs. In December 2017 a NSW District Court judge ordered Mansfield to pay the costs of a defendant in proceedings he’d brought against directors of the Camperdown Bowling & Recreation Club Ltd (CB&RC). Mansfield was appointed…


Court agrees to exempt priority creditors at VAs’ cost

Over in West Australia three of Hall Chadwick’s movers and shakers have extracted an interesting decision in regard to exempting priority creditors from DoCAs from newly gowned Justice John Vaughan of the Supreme Court of the Sandgropers. In Richard Albarran, Brent Kijurina and Cameron Shaw as joint and several administrators of Coopers & Oxley Builders Pty Ltd (Administrators Appointed) [2018] WASC 161 (29 May 2018) the VAs…


Promotion: AIIP Conference tackles big questions

Some of the profession’s most pressing questions will be explored and potential solutions debated at the inaugural Association of Independent Insolvency Practitioners (AIIP) Conference to be held next month in Canberra. Questions around safe harbour; pre-packs; litigation funding, law reform and what the future might have in store will all be canvassed at the Disruption in the Insolvency Industry Conference on June 28 and 29…


SPLs invokes irony in removal defence

Since Clive Palmer applied on the twelfth of April to remove those pesky special purpose liquidators (SPLs) from Queensland Nickel (QN), a Niagara of documentation has been filed. Applications, affidavits, submissions etc. Against this torrent the SPL’s Steve Parbery and Michael Owen of PPB Advisory have filed a truly voluminous reservoir of rebuttals in their defence. SiN’s been wading through the flood. Palmer is arguing…


BDO trio appealing Mossgreen judgment

This afternoon lawyers for BDO partners James White, Andrew Sallway and Nick Martin will return to the Federal Court hoping to reverse the April 9, 2018 judgment of Justice Nye Perram in the matter of Mossgreen Pty Ltd (Administrators Appointed) [2018] FCA 471. Last Monday the judge ruled that the BDO trio – who were appointed administrators of the gallery and auction house on December 21,…


Liquidator and lawyer tangle over costs assessment

Seems that when a liquidator is being pursued for costs by a lawyer in a local court, trying to resolve the issues via the costs assessment process is not going to fly, at least not according to NSW Supreme Court judge Francois Kunc. WKA Legal Pty Ltd v Gleeson [2018] NSWSC 318 details how liquidator and Jones Partners principal Bruce Gleeson has for several years been at…


Indemnity costs awarded against retentive liquidator

Pitt Street liquidator Jamieson Louttit has avoided the full wrath of an adverse order – kind of – after a judge ruled that indemnity costs should not be applied to two days spent hearing an application launched in April against Louttit by the king of encaffeination, Les Schirato. In a judgment handed down last week NSW Supreme Court judge Ashley Black signalled that Schirato – in his capacity as director…