Judgment

Winding up stayed but priority spoils the party

Deloitte partner Robert Woods. Cor Cordis partner Daniel Juratowitch. iNO has rarely read a decision where so many irregularities have been forgiven on the way to ruling in favour of an appellant seeking to terminate a winding up. Yet in Re The Thoroughbred Consultants Pty Ltd [2021] VSC 627 we have detailed reasons why Supreme Court of Victoria judge Michael Osborne decided that a winding…


Bankruptcy looms as tens of millions in assets frozen

A potentially prestigious and professionally rewarding bankruptcy appointment could be imminent after the Federal Court published details of freezing orders in respect of claims totalling almost $110 million being pursued by the Deputy Commissioner of Taxation (DCoT) against Queensland property developer James Raptis. Raptis, who is Queensland’s honorary consul for Greece, was one of the state’s biggest property developers until the 2009 global credit crunch…


Litigation funder burned by indemnity costs

BRI Ferrier’s Peter Krejci. FerrierSilvia’s Brian Silvia. If there was anyone happier with the outcome detailed in Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd (No 2) [2021] NSWSC 1202 than property investor Owen Chen then it was probably BRI Ferrier partner Peter Krejci. “What is certain is that the proceedings would have come to an end on 14 August 2020…


Settlement of contempt by SPL no barrier to courts

Kroll special advisor Steve Parbery. You couldn’t make it up. A mining magnate’s nephew on the run in Eastern Europe, in contempt of court for failing to show for public examination by a special purpose liquidator (SPL), the SPL settling the contempt case; and the courts then stepping in to pursue it. ” … on about 6 June 2016, Mr Mensink departed Australia for a…


Millions from money launderers won – now for the fun

Mackay Goodwin’s Mitchell Ball. Mackay Goodwin’s Mitchell Ball knew he had a big number but it must have been satisfying to scroll through the amounts – many in their millions – that NSW Supreme Court chief judge in equity Julie Ward this week confirmed are owed to various companies to which Ball is liquidator appointed. Thus is another money laundering scam founded in labour hire…


Receivers lose on punt for equitable liens

KPMG’s Matthew Woods There’s a line between acceptable levels of risk taking on behalf of creditors and forcing one’s hand in pursuit of fees, and as Federal Court judge Darren Jackson recently explained, material distinctions in respect of indemnities when things go south. Or in this case west, where those material differences came to the fore when KPMG’s Perth-based head honcho of restructuring Matt Woods…


Inadequately discharged onus incurs adverse costs

O’Brien Palmer’s Daniel Frisken. Failing to adequately discharge one’s onus has come back to bite a Sydney liquidator who now has an adverse costs order attaching to whatever assets the company he controls might possess. As is explained by NSW Supreme Court judge Kate Williams In the matter of Pacific Steelfixing Pty Ltd (No 2) [2021] NSWSC 1129, whilst O’Brien Palmer partner Daniel Frisken did…


Liquidator to pay costs despite “appropriate” defence

There’s one liquidator who must have been overjoyed last week to learn that his defence of an application to review his admittance of a proof of debt, whilst unsuccessful, was reasonable and appropriate. Being reasonable and appropriate is great to have in the bank, even if the validation is soured by orders to pay the costs of the applicant who’s challenge to your admittance of…


Liquidator gets his indemnity costs 2nd time around

Rodgers Reidy director Geoff Reidy. Geoff Reidy must’ve near drowned earlier this month, engulfed by a wave of satisfaction after winning an order for indemnity costs against a disgruntled director who’d sought to portray the Rodgers Reidy principal in terms not entirely favourable. The smear attempt failed of course, crashing impotently against the seawall of logic personified by NSW Supreme Court chief justice in equity…


Court can’t appoint SPL and won’t appoint RevLiq

McGrathNicol’s Anthony Connelly. McGrathNicol’s Jamie Harris. You don’t have to delve too deeply into Justice John Griffith’s August 17 ruling on a failed application to appoint a reviewing liquidator to conclude that the incumbent appointees probably didn’t lost much sleep worrying about what any RevLiq might’ve found in respect of their sale of the assets of Battery Minerals Resources (BMR). McGrathNicol’s Anthony Connelly and Jamie…