Judgment

Liquidators luck out on leniency

Jones Partners’ Alan Topp. Jones Partners’ Bruce Gleeson. We wouldn’t want iNO readers to think this is the Jones Partners edition. It’s just a coincidence. Anyways, Jones Partners’ Alan Topp and Bruce Gleeson have had some luck after mistakenly paying themselves unapproved remuneration with a judge agreeing to retrospectively approve the unauthorised fees. The details in respect of this uncommon demonstration of leniency are contained…


Jirsch Sutherland’s new recruit can walk the walk

Jirsch Sutherland’s new recruit, Paul Pattison. Jirsch Sutherland may have lost a veteran partner with the departure next March of Sule Arnautovic but it’s recently gained a national business development manager, and if the firm wanted someone who can relate to business owners going through the wringer then who better than ex-liquidator and ex-trustee in bankruptcy Paul Pattison? About a decade ago, Victoria-based Pattison went…


Appetite for excitement pinged by judge

CJG Advisory’s Mathew Gollant. Melbourne-based IP Mathew Gollant must possess a fair appetite for excitement given his acceptance of an appointment as liquidator by creditors voluntary liquidation (CVL) of ACN 081 014 208 Pty Ltd, which until September 30, 2020 went by the name Millennium Electronics Pty Ltd (Millennium). iNO’s arrived at this conclusion after reading the judgment of South Australian Supreme Court judge Mark…


Liquidator foiled after payment ruled not void

O’Brien Palmer’s Chris Palmer. There are times when one is compelled to ask what motivates a liquidator to pursue an 11th hour payment to a creditor when the sought after sum, once costs are deducted, amounts to sixth fifths of bugger all? For iNO such a time came on Tuesday as we read the judgement of Justice Fabian Gleeson In the matter of Skypac Aviation…


Guillotine evaded, but indemnity costs the price

DCL Advisory’s Thomas Dawson. A recent decision of the NSW Supreme Court has highlighted why liquidators and their legal advisors need not think an absolute guillotine order precludes them from having a fresh crack, though in winning a motion to amend, liquidator Thomas Dawson has also copped an indemnity costs order for delay. In Dawson as liquidator of J R Line and Safety Services Pty…


Ferrier Hodgson pair duped by fake mortgages

KPMG’s Max Donnelly. KPMG’s Robyn Duggan. A judge has suggested liquidators and former partners of Ferrier Hodgson demonstrated one of the last desirable characteristics in those responsible for administering insolvent entities – they were too trusting. In Combined Property Holdings Pty Ltd v Galea & Ors [2020] QSC 338 Justice James Henry of the Supreme Court of Queensland in Cairns recounts how Robyn Duggan and…


Court approves liquidators to derive a profit

Aston Chace’s Vincent Pirina. Aston Chace principal Steve Naidenov. There’s an interesting issue in the recent judgment of NSW Supreme Court Justice Ashley Black, who’s rejected efforts to prevent liquidators from deriving a profit via work done by employees of two incorporated accounting firms with which the liquidators either are or were associated. In the matter of Karim Pty Ltd (in liq) [2020] NSWSC 1603…


Seven month silence earns adverse costs order

Worrells Partner Aaron Lucan. Worrells’ partner Aaron Lucan has been ordered to pay an indemnity costs order personally after indulging a seven month silence in respect of proceedings brought against the Deputy Commissioner of Taxation (DCoT) by a company to which Lucan is the appointed liquidator. “The effect of ordering the first plaintiff to pay the defendants’ costs would be to visit the consequences of…


The risks of tapping proceeds of crime for fees

O’Brien Palmer’s Daniel Frisken. Never presume to position yourself between the Commissioner of the Australian Federal Police and an allegedly ill-gotten dollar. As O’Brien Palmer’s Daniel Frisken has discovered, and as is detailed in the matter of The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) (No 2) [2020] NSWSC 1571 the outcome is unlikely to prove favourable to…


Liquidator faked memoranda to fool ASIC

Macks Advisory’s Peter Macks. South Australian liquidator Peter Macks faked documents in an attempt to foil an ASIC investigation, a court has found. In Australian Securities and Investments Commission v Peter Ivan Macks (No.4) [2020] SASC 209 South Australian Supreme Court judge Sam Doyle said Macks had acted dishonestly and for the purpose of deceiving ASIC in respect of a memoranda Macks provided to the…