Judgment

AFSA’s “ignorant bureaucracy” excoriated

Oneoz liquidator Giles Woodgate. Instructions from a faceless Australian Financial Security Authority (AFSA) staffer to a creditor who had been lawfully assigned a money judgement were “borne of ignorance” a Sydney judge has said. In Woodgate in his capacity as Deed Administrator of Oneoz Pty Ltd (subject to a deed of company arrangement) v Brown [2021] NSWSC 508 NSW Supreme Court judge Peter Garling was…


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…


Court punts Worrells pair who agreed to 11th hour VA

Worrells Con Kokkinos. Worrells Matthew Kucianski. The recent judgment of Victorian Judicial Registrar Ian Irving in EAD Concepts Pty Ltd (admin apptd) [2021] VSC 227 (28 April 2021) makes for instructive reading in respect of the court’s views on winding up versus voluntary administration (VA), and there’s entertaining detail around IP rivalry prompting iNO to wonder which Melbourne-based IPs haven’t had a drink out Melbourne…


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…


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…


SBS – brought to you by Telstra

McGrathNicol’s Barry Kogan. McGrathNicol’s Jonathan Henry You wouldn’t have known it these last few months but the screening of programs on Australia’s peak multicultural and multilingual television broadcaster has been hanging by a thread whose integrity has been maintained by the continuing efforts of Barry Kogan, Jon Henry and their team at McGrathNicol, the assiduous application of S 447A in the courts and an $850,000…


Severe reprimand and immaterial fine for liquidator

Aston Chace co-founder Steve Naidenov. Liquidator and CPA Australia (CPAA) member Steve Naidenov was left licking his paper cuts recently after CPAA’s Disciplinary Tribunal smote him with what passes for wrath in the age of safe spaces. A reprimand – category severe – and $2000 in fines is what the Aston Chace co-founder incurred in respect of complaints whose origins harken back to when he…


ProvLiqs appointed VAs but denied scope to tender

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Richard Lawrence. Hall Chadwick’s Richard Albarran and Richard Lawrence have had to settle for a more than usually restrained role as administrators after Victorian Supreme Court Judge Jim Delany restrained them from conducting any tender or sale process of the assets of Bluechain Pty Ltd. Albarran and Lawrence were appointed provisional liquidators of the company in February following an…


dVT founder retiring with KordaMentha in pursuit

Retiring – dVT Group founder Antony De Vries dVT Group’s Antony De Vries is preparing to bow out after a long career as one of western Sydney’s bigger insolvency wheels but any expectation of a tranquil retirement will likely be disappointed in the short term at least. In their capacity as the liquidators of the failed tax scam Timbercorp, KordaMentha partners by Craig Shepard and…