Directors

Judge slams “totally disproportionate” fees

Hamilton Murphy principal Richard Rohrt. Hamilton Murphy’s Stephen Dixon. Hamilton Murphy’s Richard Rohrt and Stephen Dixon have a Ferrari to sell now that they’ve been appointed receivers and managers over the property, assets and undertaking of The Rose Guerin and Partners Trust but getting paid for their labours won’t be straightforward after a judge ripped ’em a newie in respect of their “totally disproportionate” fees….


Bondi InJunction as liquidator resists removal

Liquidator Gavin Moss. Photo: iNO Images The hot sauce of cross examination was in full-flavoured evidence yesterday as iNO took another bite of proceedings in FOGO Brazilia Franchise Holdings Pty Ltd (FBFH). FBFH director, Rebel Sports co-founder and plaintiff Ian Dresner is seeking an inquiry into Chifley Advisory’s Gavin Moss, allegedly for demonstrating a lack of independence and misleading the court. Dresner also wants an…


Language of a colourful kind as rivals clash

Cor Cordis NSW partner Ozem Kassem. Image courtesy Cor Cordis. Daniel Cvitanovic. Image courtesy Worrells. Incendiary language, accusations of insufficient investigations and insinuations around related party proofs – according to its Minutes, the March 10, 2021 meeting of creditors of Ayash Pty Ltd had it all. Steering the meeting towards a vote on a deed of company arrangement (DoCA) that day was Worrells partner Daniel…


Liquidator eyes $800k, receivers eye conduct inquiry

PwC’s Andrew Scott. KordaMentha partner Kate Conneely. PwC’s Andy Scott is looking at this point the only obvious winner among the parties scrimmaging over a $2.28 million pot of excess cash Scott has generated in his role as liquidator of Parkway One Pty Ltd and receiver manager of the Parkway One Unit Trust. The other parties – those asserting to be lenders with secured interests…


Judge moved to critique liquidator’s expert testimony

Hall Chadwick’s Blair Pleash. Liquidator David Ross. Following the delivery of judgment in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 lawyers across the land will be pondering how they can avoid having Justice John Reeves anywhere near their applications in respect of alleged uncommercial, unreasonable and insolvent transactions. How to insulate expert witnesses will…


Accused phoenix tsar facing committal over not much

Philip Damien Whiteman. Photo courtesy ABC News. It’s been some time coming but accused tax fraud mastermind Philip Damien Whiteman this week finally had a day in court in relation to allegations of illegal “phoenix” activity. On Monday the 62 year old “pre-insolvency service provider” from Port Melbourne was charged in the County Court of Victoria with nine offences of dishonestly causing a loss to…


Fee deal evaporates as judge refuses to terminate

Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…


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…


SPL to eyeball VAs’ sale of battery mineral assets

McGrathNicol’s Anthony Connelly. Incoming SPL Daniel Cvitanovic. The sale of the assets of Battery Mineral Resources Limited (BMR) in late 2019 by Anthony Connelly and Jamie Harris looks set to be scrutinised by a special purpose liquidator (SPL) after a court heard that the McGrathNicol duo – who are currently BMR’s incumbent liquidators – aren’t inclined to object. That means that conditional on the court…


ILGA investigates Club over 24 hour appointment

KPMG’s Morgan Kelly. Helm Advisory founder Stephen Hathway. The arbitrary powers of the NSW Independent Liquor & Gaming Authority (ILGA) have been on overt display these past few weeks in the curious case of the Sydney Portugal Community Club Ltd (Club). iNO readers may recall how we revealed last month that Helm Advisory’s Stephen Hathway and Phil Hosking had to resign appointments as voluntary administrators…