Directors

Deed administrators facing termination bid

Hogan Sprowles Brendan Copeland. Hogan Sprowles Michael Hogan. To defend or to not defend? It’s a question insolvency practitioners accept as part of their general lot, one in which the correct answer frequently reveals itself only after the benefits of hindsight have crystallised in full. On Monday this week a court heard that the deed administrators (DAs) of Minle Wine Negociants of Australia Pty Ltd…


Liquidators and ATO at odds over relation back date

Rodgers Reidy director David Hambleton. Two Queensland liquidators are licking their wounds after betting that the Commissioner of Taxation (CoT) was wrong on the question of the relation back date for 52 The Esplanade Pty Ltd, a Surfers Paradise cafe operator. The question came before Queensland Supreme Court judge Declan Kelly for determination on March 15 and judgment in Re 52 The Esplanade Pty Ltd…


Ex-administrators encountering potholes

Hall Chadwick partner Blair Pleash. Hall Chadwick’s Richard Albarran. Some of Hall Chadwick’s finest have encountered potholes recently in their regular transit through insolvency’s rougher reaches. iNO’s readers may recall our reports of two separate appointments from which Hall Chadwick partners were separated from the fee teat by court orders, wielded machete-like by judges unconvinced by evidence served up to justify the administrators’ installation. In…


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…


Allibi incumbents encountering resistance

Dye & Co’s Hamish MacKinnon. Dye & Co’s Nicholas Giasoumi. Still in Victoria and the eminences at East Hawthorn insolvency outfit Dye & Co are finding it heavy going investigating the affairs of Allibi Pty Ltd, despite their status as liquidators appointed by the Supreme Court of Victoria. Some books and records have not been produced, only one independent creditor has been identified to date…


Bankrupt ex-liquidator sitting on $5 million in super

Bankrupt dVT Group co-founder Antony de Vries. There you are, trying to enjoy retirement – albeit as an undischarged bankrupt – when the missus declares that being a part time ballet teacher leaves her both ill-equipped and without time to manage the marital super. Can a bloke not get a moment’s peace from the burden of managing money, even when you’re not supposed to have…


Casting vote deployed after FEG voices opinion

Hogan Sprowles partner Michael Hogan. O’Brien Palmer’sLiam Bailey. Unlike the dreaded die, in this fateful tale the decision on how the vote was cast came after the active creditor voiced its view. And from the reports of those who were there, it sounds like a classic case of a meeting – and an appointment – slipping from a liquidator’s fingers. The venue was the Clarence…


Death of a director leads liquidators full circle

DV Recovery Management’s Daniel O’Brien. When a director dies it’s not necessarily the end of the story. Just ask Melbourne liquidator Peter Goodin. Or the practitioners who replaced him. Or the liquidator who replaced them. This story started with the death in January 2018 of Mr Jun Chen, sole director of Good Home & Property Pty Ltd. By the following year the company had been…


Liquidator who referred valuer facing replacement bid

O’Brien Palmer’s Liam Bailey. Certain creditors of a North Sydney-based ad agency are apparently so incensed with Liam Bailey that they’ve forced him to convene a meeting next week to consider replacing the O’Brien Palmer partner as liquidator of McCorkell & Associates (McCorkell). While trade media coverage has suggested the creditors have been irked by pre-appointment referral advice Bailey provided to sole McCorkell director Scott…


The need to identify the date of the debts

Hogan Sprowles’ Brendan Copeland. If you’re going to ask a court to find that a director traded a company whilst it was insolvent, you need to know the dates on which the relevant debts were incurred. As one Sydney liquidator recently discovered, failing to do so can be fatal for your statement of claim and it’s never fun to find a costs order tacked to…