Pitcher Partners’ Paul Weston. Pitcher Partners partner Paul Weston has gained some useful intel in regards to disclosure and examination summonses for those playing their trade in the personal insolvency space, though not without cost. This week the Federal Court agreed with a former bankrupt and his wife that examination summonses requiring them to attend the court for questioning should be set aside on the…
Hamilton Murphy principal Richard Rohrt. Pitcher Partners’ David Vasudevan. The spectre of proportionality has made an appearance in the deliberations of the Victorian Supreme Court, resulting in Pitcher Partners’ Andrew Yeo and David Vasudevan copping a pay cut of more than $25,000. In Re Nissand Pty Ltd (in liq) [2019] VSC 280 (10 May 2019) Judicial Registrar Patricia Matthews found that while more than $131,000…
PKFs’ Trent Hancock. PKF’s Trent Hancock has defeated a bid to have proceedings launched by him dismissed as an abuse of process, but will need to cough up more than $157k in security for costs within 21 days to to keep his pursuit of bar baron Shadd Danesi alive. In South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd [2019] FCA 666 Federal…
Despite a court finding there was no phoenix activity ASIC persists in identifying one current and one former liquidator as having been prosecuted for phoenix activity. Once ASIC’s bid for an inquiry into ex-liquidator Andrew Wily and current practitioner David Hurst was dismissed with orders that the regulator also pay the respondents’ costs some among INO’s audience began to articulate the inevitable question. Will ASIC’s…
Pitcher Partners WA chief Bryan Hughes. Pitcher Partners’ Bryan Hughes has fended off a bid in the West Australian Supreme Court to raise doubts about the adequacy of his investigations as liquidator of Apex Minerals and Apex Gold. Hughes was appointed voluntary administrator (VA) of Apex Minerals and its wholly owned subsidiary Apex Gold in June 2013. The same day Hughes was appointed – June…
Don’t be fooled he’s thrilled. Liquidator David Hurst (R) with lawyer Joe Scarcella. An application for a judicial inquiry into the conduct of Andrew Wily and David Hurst has been dismissed with the judge describing the corporate regulator’s pursuit of Wily as vexatious. Delivering judgment in the NSW Supreme Court yesterday, Justice Paul Brereton apologised for the time it had taken him to provide a…
Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. When you’ve accepted an interim appointment by court order for an explicit purpose it’s best not to undertake work not the subject of said order, particularly if there’s a chance that your subsequently contested remuneration claim might be assessed via application of the so-called “broad axe” wielded by NSW Supreme Court Judge Paul “Proportionality” Brereton. Sadly…
Worrells’ Nick Malanos. Nick Malanos and Adam Farnsworth have been forced to confirm their appointments as liquidators of two companies formed to operate the business of Rhodes & Beckett after the private equity group that bankrolled the ailing retailer out of administration in 2017 claimed those doing the appointing weren’t valid directors. NSW Supreme Court judge Kelly Reeves yesterday ruled that Malanos and Farnsworth, who…
Brooke Bird’s Robyn Erskine. The Federal Court of Appeal yesterday dismissed an application by North Shore Property Developments (NSPD) liquidator Robyn Erskine in what represents a potential setback for the ATO in its pursuit of Erskine’s predecessor, Sydney liquidator David Iannuzzi. In Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62…
Hamilton Murphy’s Stephen Dixon. Worrells’ Ivan Glavas. Worrells Melbourne partner Ivan Glavas has come in for some serious stick from a Victorian Supreme Court judge for adjudicating on proofs of debt in a way that led to a resolution to wind up a company being carried when in the normal course that outcome would’ve been defeated. Notwithstanding that the company was almost certainly insolvent, in…