Judgment

Phoenix taint not to authorities’ taste

Cor Cordis partner Jason Tang. If you’re an administrator wanting the hearing of a winding up application adjourned so you can complete your report and convene a second meeting, Federal Court judge Angus Stewart ain’t your man. His honour, who iNO readers will recall presided over the the Commissioner of Taxation’s (CoT) model throttling of now ex-liquidator David Iannuzzi, pays close attention to the authorities….


“Imprudent refusal” earns indemnity costs

Hall Chadwick partner Blair Pleash. An “imprudent” decision to refuse a Calderbank Offer has rebounded on Hall Chadwick partner Blair Pleash, who’s been ordered to pay a hefty costs order on an indemnity basis for the period from February 2020 to April 2021. “They further contended that the lack of response to the offer on the part of the plaintiffs was an “imprudent refusal of…


ASIC crashes SMSF crypto party

KPMG’s Tim Michael. KPMG partner John Lindholm. Gold Coast solicitor Chris Nyst could have the makings of a momentous new novel at his fingertips following ASIC’s ex-parte application for orders freezing the assets and confining to the jurisdiction Heidi Elizabeth Walters and Aryn Henry Hala. “The significant difficulty for ASIC is that, by its nature, cryptocurrency is easily transferred and moved about. Moreover, it can…


KPMG trio’s SPA strategy to dodge conflict minefield

KPMG’s Martin Jones. KPMG partner Hayden White. Mindful of the scrutiny being applied by ARITA and ASIC to three EY WA partners, three WA domiciled restructuring practitioners at KPMG have moved early to quell conflict concerns in respect of their appointments last week as voluntary administrators (VAs) of Salt Lake Potash Limited (SLPL). In making their declaration of relevant relationships, independence and indemnities (DIRRI) KPMG…


VAs and receiver battle over battlefields

Worrells’ Christopher Darin. Hall Chadwick partner Kathleen Vouris. Worrells Chris Darin and Hall Chadwick’s Kathleen Vouris and Richard Albarran are at odds over documents and dealings relating to world war two (WWII) battlefields in the Solomon Islands part-owned by Australian companies Orbis Commodities Pty Limited (Orbis) and Pacific Investment Holding Pty Limited (PIH). “although the adjournment sought is unusually long, I accept that decision-making may…


Liquidator spared half million in indemnity costs

Despite his legal team pitching arguments that were said to have at times lacked clarity, a Sydney liquidator has been spared the ignominy of paying up to $500,000 in indemnity costs for a failed attempt at replacing a receiver. Instead, NSW Supreme Court justice Kate Williams has ordered that the costs of the defendants In the matter of Sirrah Pty Limited (In Liquidation) (No 2)…


EY partners may face disciplinary action over Pindan

EY’s Sam Freeman. EY’s Colby O’Brien. Two of EY’s finest are not letting any impending ARITA sanction impede progress of their work as administrators and liquidators of Pindan Group, the West Australia-based construction and property group that availed itself of EY’s reassuringly familiar services in May of this year. Last month in the Supreme Court of West Australia Sam Freeman, Colby O’Brien and Vincent Smith obtained various grants…


BBY duo conclude long adjourned remuneration bid

KPMG partner Stephen Vaughan. KPMG Partner Ian Hall. The interim divvie’s distributed, it’s twin awaits only delivery of a judgment reserved and now an application for remuneration – brought by BBY Limited’s liquidators Stephen Vaughan and Ian Hall in 2017 and adjourned in 2018 – has at last come to pass. “The total value of the assets (CSAs and recoveries) for which the liquidators have…


Half mill in costs pending after attack on receiver fails

Farshad Amirbeaggi. Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. A liquidator’s estimate of a return to creditors of between 51 cents and 100 cents in the dollar may have been imperilled after attempts to appoint a receiver to sell a luxury property in Bali were rejected by the courts. In failing to have a receiver appointed Hayes Advisory principal and liquidator of Sirrah…


McKern insolvency estimate repels challenge

McGrathNicol partner Robyn McKern. Grant Thornton’s Said Jahani. If dignified crowing is heard during the next McGrathNicol zoom meeting of partners iNO won’t be surprised. It’s not every day that a forensic accountant has their sums validated by a Federal Court judge. “The referee concluded that the group of companies was insolvent from 31 January 2017 and thereafter. That is in contradistinction to the opinion…