Judgment

SPL gunning for dVT duo

Approved and funded to pursue: SPL Giles Woodgate. Sydney liquidator Giles Woodgate has won backing to pursue dVT Consulting duo Suelen McCallum and Riad Tayeh for possible breach of contract or negligence. In the matter of ACN 152 546 453 Pty Ltd (Formerly Hemisphere Technologies Pty Ltd (In Liq)) [2020] NSWSC 270 NSW Supreme court judge Arthur Emmett this week agreed to extend Woodgate’s powers…


Related party defendants fail in bid for exclusion

Grant Thornton’s David Hodgson. Grant Thornton’s Andrew Hewitt. Over in the sand groper state Grant Thornton’s David Hodgson and Andrew Hewitt have had some joy as they herd related-party creditors acting like aristocratic cats unwilling to mix with those common moggies in receipt of garden-variety preferences. In David Mark Hodgson as joint and several liquidators of Diploma Construction (WA) Pty Ltd (In LIQ) (Receivers and…


Liquidator’s debt proof rejection could cost

Liquidator Schon Condon. A decision by a Sydney liquidator to refuse the bulk of a $423,935.53 proof of debt looks set to be reversed following the handing down of a judgment in the NSW Supreme Court. In the matter of Azmac Pty Limited (in liquidation) [2020] NSWSC 204 Justice Kelly Rees details how Schon Condon, as liquidator of Azmac Pty Limited, knocked back the bulk…


UK judges side with Oz Liqs over spreadsheet error

If you are in doubt about the capacity for bloody-mindedness among and within the big four accounting firms read on as iNO recounts how administrators of a Lehman Brothers entity in the UK and Lehman-associated liquidators in Australia slugged it out in the courts for almost four years over an error in a spreadsheet. The tale comes courtesy of the Royal Courts of Justice in…


Liquidator to pay NRL costs as summonses set aside

Anequity principal Andrew Needham. Sydney liquidator Andrew Needham may be ruing the day he consented to act as liquidator of a company with potential claims against the National Rugby League (NRL) in the wake of judgment In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173. On Wednesday NSW Supreme Court judge Kelly Rees ordered that examination summonses issued to NRL chief executive…


VA too late to South Pelagic Holdings hungi

DW Advisory’s Paul Weston. Worrells’ Simon Cathro. Paul Weston probably knew when he accepted the appointment as voluntary administrator (VA) of the Kiwi-controlled South Pelagic Holdings Pty Ltd (receivers and managers appointed) that his tenure could be brief. By the time lawyer Michael O’Neill brought the referral to the now ex-Pitcher Partners‘ partner in December 2019, receivers were installed and winding up proceedings underway. Weston…


At liberty to make misery but so far nothing to show

KordaMentha’s Rahul Goyal. KordaMentha’s Jennifer Nettleton Rahul Goyal and Jennifer Nettleton have been granted liberty to make misery for rival Schon Condon as they ponder whether or not to pursue a special costs order against him. Being the special purpose liquidators (SPLs) of former precious metal refiner ACN 154 520 199 Pty Ltd, the KordaMentha pair recently applied for approval of almost $385,000 in fees…


SV appointee’s lower fees repel William Buck pair

SV Partners’ Shumit Banerjee There’s nothing like a free plug from a judge and in this instance SV Partners is the beneficiary thanks to the Federal Court’s Jayne Jagot in Frisken, in the matter of Avant Garde Investments Pty Ltd v Cheema [2020] FCA 98. Justice Jagot was ruling on an application by Avant Garde Investments‘ receiver Daniel Frisken, who wanted the company wound up…


Jirsch partner quits Steller VA after vote controversy

Jirsch Sutherland’s Malcolm Howell. Jirsch Sutherland’s Malcolm Howell must be rueing the relaxed attitude that permeates Australia’s holiday season interlude, given if it were not for an overlooked envelope he might still be administrator of ACN 168 479 614 Pty Ltd, formerly known as Steller Developments Pty Ltd. As it is, the Melbourne-based partner has consented to orders made in the NSW Supreme Court last…


Queensland VA fends off challenge over Delta Law

Queensland IP Bill Cotter has been on a wild ride these last few months since being appointed voluntary administrator of Delta Law Pty Ltd, an incorporated legal practice, on August 1. Cotter was first approached on July 16. Referrer James Loel and Delta director Quinton Rozario were interested in discussing a possible appointment as liquidator. In legal proceedings brought by interests seeking to oust Rozario,…