Judgment

Validity issues stalk Adaman VAs

Cor Cordis partner Jeremy Nipps. Cor Cordis partner Barry Wight. Jeremy Nipps and Barry Wight are likely enjoying getting their teeth into an administration of the scale of troubled gold miner Adaman Resources and that includes coping with challenges to the validity of their appointment as well as dealing with assertive creditors seeking intel and assertive directors asserting privilege over that intel. As is detailed…


Frisken flayed for preferring preferences

O’Brien Palmer’s Daniel Frisken. O’Brien Palmer’s Daniel Frisken might be feeling a little uneasy after NSW Supreme Court judge Kate Williams this week refused his application seeking to claw back $740,000 in preferences paid to the ATO by labour hire company Pacific Steelfixing Pty Ltd (Pacific). This is because In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 655 the judge described as not…


Liquidators lashed after staff lose redundancy

Joe Hayes of Wexted Advisers. Wexted Advisors Andrew McCabe. Liquidators Joe Hayes and Andrew McCabe have copped a bollicking from Administrative Appeals Tribunal (AAT) senior member Chris Puplick for what might qualify as the sin of disinterest. As is revealed in the recent decision of Tjoputra and Secretary, Attorney-General’s Department [2021] AATA 1596 the Wexted Advisors pair didn’t inform two employees of Object Consulting Pty…


Court okays administrator’s “truncated liquidation”

McGrathNicol Partner Kathy Sozou. Image McGrathNicol. Wexted Advisors’ Joe Hayes. There cannot be too many insolvency practitioners who first worked on an external administration as a graduate accountant and almost 20 years later are preparing to deregister the same entity as partner. Kathy Sozou can lay claim to imminent inclusion in this elite group. The revelation of the McGrathNicol partner’s trauma unit-to-crematorium involvement in Black…


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….


Beware the expression of opinions in affidavits

Pitcher Partners’ Andrew Yeo. Andrew Yeo has copped some judicial stick for opinions expressed in an affidavit the Pitcher Partners’ rain maker filed in defence of proceedings brought by Norm Carey, founder of the long since collapsed Westpoint Property Group. In a recent judgment WA Supreme Court Master Craig Sanderson said that Yeo should have kept his views on the legitimacy of Carey’s action to…


Win for Bettles pyrrhic if ASIC prevails

Worrells partner Jason Bettles. Editor’s Note: On Friday, August 18, 2023 Justice Brigitte Markovic of the Federal Court of Australia dismissed ASIC’s case against liquidator Jason Bettles and ordered the regulator to pay Bettles’ costs. Worrells’ Jason Bettles has had another win in his ongoing fight with ASIC, which throws money at poorly articulated misconduct cases knowing the costs of setbacks are recoverable via Industry…


On assignments and proper execution

Guest Article by JT Johnson, Frederick Jordan Chambers On 12 May, 2021 iNO reported in “AFSA’s “Ignorant Bureaucracy” Excoriated” comments made in Woodgate in his capacity as Deed Administrator of Onezone Pty Limited (subject to Deed of Company Arrangement) v Brown [2021] NSWSC 508, a judgment of the NSW Supreme Court. In reviewing the judgement referred to above it appears clear that the relevant judge…


Disclaimed Ferrari recovered after PPSR blunder

Hamilton Murphy principal Richard Rohrt. Victorian liquidators Richard Rohrt and Stephen Dixon have been delivered a fortuitous outcome after a judge found that BMW Finance had imperfectly registered its security interest in a Ferrari GTC4 Lusso that the Hamilton Murphy partners previously disclaimed. As a consequence of the ruling in Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes…


Court compels Hall Chadwick duo to reconvene

JP Downey & Co’s Jim Downey. Hall Chadwick’s Richard Lawrence. Richard Lawrence and Richard Albarran have failed in a bid to deny creditors an opportunity to vote to replace them at a first meeting, with a Victorian Supreme Court judge on Wednesday ordering the Hall Chadwick partners to reconvene the first meeting of Bluechain Pty Ltd within seven days. In Re Bluechain Pty Ltd (No…