Judgment

Ex-Jirsch partner tricked brother into signing cheques

Amanda Young. Former Jirsch Sutherland partner Amanda Young allegedly tricked her brother into signing cheques drawn on a liquidation account then deposited the funds into three of her personal credit card accounts, a disciplinary committee has found. Young allegedly deceived her older brother, Jirsch Sutherland partner Sule Arnautovic, by presenting him with multiple cheques to sign in his capacity as liquidator of the St Gregory’s…


SV Partners boss to pay developer’s costs

SV Partners managing director Terry van der Velde. Where would the legal profession be without property development and the limitless labyrinth of opportunity for dispute that bricks and mortar afford? That’s the question that comes to mind on reading the judgement of Federal Court judge Kathleen Farrell in Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter…


ATO-backed liquidators cede case to Family Court

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. They may not be overly bothered but Pitcher Partners’s Andrew Yeo and Gess Rambaldi have had to relinquish a case involving accused phoenix mastermind Phil Whiteman and his de facto wives. The pair have been pursuing recovery of the proceeds of sale of residential properties located in Balaclava, Elwood and Port Melbourne, Victoria. As the liquidators of…


Liquidator avoids restraint as creditor seeks injunction

Sydney liquidator Steve Nicols will have a tale to tell once orders stemming from the decisions of Justice Stephen Robb in Molenaar v Nicols [2020] NSWSC 674 surface, most likely next week. This is a case where the court’s been asked to resolve vexed questions about the extent to which its powers can be used to restrain a liquidator in administering an insolvent entity’s affairs…


KPMG partner’s insistence “disappointing”: QNI Judge

KPMG’s Peter Gothard. Whilst the real pain of Wednesday’s judgment in Parbery & Ors v QNI Metals Pty Ltd & Ors [2020] QSC 143 will be felt by QNI’s general purpose liquidators (GPL) FTI Holdings, Queensland Supreme Court judge Debra Mullins didn’t pull any punches when it came to a couple of elements of the testimony of KPMG partner Peter Gothard. Gothard had been brought…


Cor Cordis boss to pay Last Lap costs personally

Cor Cordis Melbourne partner Bruno Secatore. The 28 plus year long liquidation of Last Lap Pty Ltd makes one wonder just how many insolvency practitioners will get to take a lap around this seemingly eternal liquidation, but for the moment we’ll focus on the incumbent, Bruno Secatore. Last week the Federal Court handed down its decision in Secatore, in the matter of Last Lap Pty…


Fellmane contradictors foil receiver’s cunning plan

Hogan Sprowles’ Brendan Copeland. Those of you with a taste for the intricacies inherent in right of subrogation questions will, In the matter of Fellmane Pty Ltd (in liq) [2020] NSWSC, 595, find much meat in which to sink your fangs. In this matter Hogan Sprowles partner Brendan Copeland has had to go back to the drawing board after a planned sale of an asset…


Circular omission could cost Cor Cordis couple

Emu Group liquidator Andre Lakomy. Cor Cordis partner Alan Walker. When you and your colleague are appointed voluntary administrators (VA) and neglect to send the first circular to the company’s potentially largest creditor, regrettable consequences can follow. For Cor Cordis duo Andre Lakomy and Alan Walker, those consequences have yet to manifest, though it may only be a matter of time before they are ousted…


Scott Schedule to torment Azmac secureds

Liquidator Schon Condon. A dispute in respect of fees and disbursements has descended to the point where payments over which a liquidator claims a lien are getting the Scott Schedule treatment. The accounting equivalent of death by a thousand cuts, the Scott Schedule will involve a spreadsheet savant undertaking painstaking and pedantic analysis of liquidator Schon Condon’s WIP reports for Azmac Pty Ltd (In Liq)….


Liqs defeat tax office to recover DoCA payments

Pitcher Partners’ Gess Rambaldi. Pitcher Partners’ Andrew Yeo. Pitchers Partners’ Andrew Yeo and Gess Rambaldi have extricated an unlikely victory over the Deputy Comissioner of Taxation (DCoT) in respect of payments made by a company subject to a deed of company arrangement (DoCA). As is revealed in Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020]…