Judgment

Liquidator chases D&O claim via bankruptcy trustee

Meerten Charted Accountants founder Austin Taylor. Duncan Powell’s Stephen Duncan. Maybe they have long memories down in South Australia? iNO doesn’t know. We didn’t stay. But locals like Austin Taylor of Meertens Chartered Accountants would appear to at least be willing to go way back if the revelations contained in Taylor (liquidator) v Trustee, bankrupt estate of Heading, in the matter of Heading [2020] FCA…


DIRRIs galore for under scrutiny Hall Chadwick trio

Hall Chadwick’s Steve Gladman. Hall Chadwick’s Richard Albarran. Hall Chadwick partners Steve Gladman, Richard Albarran and David Ross have lodged no shortage of DIRRIs these past seven months in a bid to clarify the extent of their involvement with Pacific Biotechnologies Ltd (PacBiotech). Given that that involvement extends from an engagement as investigating accountants in February to acting as fully funded deed administrators presently, five…


Court refuses trust asset indemnity pre-examination

No trust asset indemnity ex ante – Hogan Sprowles’ Partner Chris Sprowles. Hogan Sprowles‘ Chris Sprowles‘ must have had the confidence meter on full recently when he sought priority over contested trust assets to ensure he was indemnified for undertaking a public examination, to be conducted after he obtained the indemnity. As is revealed in Structum Pty Ltd v CWCN Pty Ltd [2020] NSWSC 1314…


Receiver guilty of misconduct but retains role

BPS Reconstruction & Recovery partner Simon Nelson. South-of-the-wall IP Simon Nelson has copped a finding of misconduct from a judge of the Victorian Supreme Court but has retained his position as receiver of Tomi-Sasha Holdings Pty Ltd, the former corporate trustee of the National Property Trust controlled by wealthy Melburnians Eileen and Wayne Crewes. In Re Tomi-Sasha Holdings Pty Ltd (rec and mgr apptd)(adm apptd)…


Deed of Assignment a first for Deputy Commissioner

Minter Ellison’s Michael Hughes. Told the court he had been advised the deed of assignment with the Deputy Commissioner of Taxation was a first. Firsts are generally worth a mention and Sydney liquidator Steve Nicols has reportedly chalked up such a milestone by entering into a deed of assignment that transfers a cause of action in the winding up of Anatax Pty Ltd to the…


Cor Cordis pair’s bold lunge for costs restrained

Emu Group liquidator Andre Lakomy. Cor Cordis’s Alan Walker. iNO generally concurs with the approach that when one stumbles at the start it’s best to decry humility in favour of a bold lunge, one aimed at re-establishing primacy in the administration of an entity’s affairs.  Unfortunately for the applicant liquidators in In the matter of Emu Group Pty Ltd (in liq) (No 2) [2020] NSWSC…


The vicissitudes of van der Velde priced at $300,000

SV Partners managing director Terry van der Velde. SV Partners boss Terry van der Velde would’ve known it was coming but it seems a costs order of $298,898.49 is a sum even a successful mid-tier insolvency chieftain can’t effortlessly cajole from one’s indemnity insurer. van der Velde’s vicissitudes were made manifest on August 12 by Federal Court Registrar Tom Morgan, who determined that a previous…


Liquidator evades removal bid – just

Romanis Cant’s Tony Cant. Romanis Cant principal Tony Cant has fended off an application brought by a creditor seeking his removal as liquidator of Foodcorp (Vic) Pty Ltd but only it would seem, by the skin of his teeth. The judgment of Federal Court Judge Neil McKerracher in Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd [2020] FCA 1274 outlines the dismal imbroglio of…


Lit funder Vannin to cough up security in cash

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Blair Pleash. We’re sure Vannin Capital is a successful player in the oft-times lucrative litigation funding space but two insolvency-based bets it’s made in Queensland have proved troublesome. Little mystery can attach to why bankrolling the general purpose liquidators (GPLs) of Queensland Nickel in litigation involving the company’s former director Clive Palmer hasn’t gone to plan. Palmer could probably…


Receiver denied bid to use “other people’s money”

Receiver David Whyte. FTI Consulting’s John Park. Who would’ve thought insolvency might be seen to resemble Socialism, at least as it was characterised by the late Baroness Thatcher when alluding to collectivism’s fatal fiscal flaw? Not iNO that’s for sure. But In LM Investment Management Ltd (receiver apptd) (in liq) v Drake & Ors [2020] QSC 265 (28 August 2020) Justice Peter Callaghan of the…