Jirsch Sutherland Melbourne partner Glenn Crisp has had a win of sorts over the Deputy Commissioner of Taxation (DCoT) in regards to his tenure, his fees and a proposed litigation funding agreement. In the matter of Imagebuild Group Pty Ltd [2019] VSC 213 (5 April 2019) we get a detailed breakdown of why the DCoT regarded Crisp’s claims for remuneration as excessive and how Crisp…
O’Brien Palmer’s Chris Palmer. Legal advice and void dispositions will shortly be on the mind of O’Brien Palmer’s Chris Palmer following the decision of NSW Supreme Court judge Kelly Rees In the matter of Skypac Aviation Pty Ltd (in liquidation) [2019] NSWSC 291. Palmer was appointed liquidator of Skypac by order of the court on November 19, 2015 following the commencement of winding up proceedings…
Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. Dominic Calabretta may have ended his obdurate resistance to efforts to replace him as liquidator of Condura Pty Ltd but the terms of the truce negotiated with his nemesis will see a final humiliation imposed upon the Mackay Goodwin founder. While the Federal Court has approved an application by the Commonwealth’s FEG Recovery Unit seeking 40…
KordaMentha’s Rahul Goyal. KordaMentha’s Jen Nettleton. KordaMentha’s Jen Nettleton and Rahul Goyal are cleared to commence bankruptcy proceedings against high profile executive coach Peter Hislop after a court ordered that he pay the pair more than $1.6 million. Hislop’s company Potentia3 Pty Ltd was facing liquidation back in May 2015 after defaulting five times on repayment arrangements it had entered into with the Australian Tax…
SV Partners’ Michael Carrafa. Image: SV Partners. An application by SV Partners’ Michael Carrafa for vacant possession 13 years after sequestration has been knocked back in the Federal Court. The unusual circumstances are outlined in Carrafa v Chaplin, in the matter of the bankrupt estate of Michael Chaplin [2019] FCA 415. What bankruptcy practitioners – and their lawyers – can takeaway from this one is…
Victorian liquidator Ross McDermott. Victorian liquidators Ross McDermott and John Potts have had a rugged time of it of late. On March 1 INO reported how the pair had fallen foul of their funder, the Federal Commissioner of Taxation (Commissioner) in relation to their pursuit of $22 million said to be owing in relation to an uncommercial and unreasonable director-related transaction involving the company in…
SV Partners’ Jason Porter has won an order for his remuneration but been denied a sum he was seeking for the lawyers who’ve been acting for him In the matter of Day & Night Online Transport Pty Ltd [2019] NSWSC 292. The outcome followed NSW Supreme Court judge Kelly Rees yesterday ruling on the ticklish question of whether a solicitors’ fees may be approved as…
McGrathNicol’s Matt Caddy. McGrathNicol’s Rob Kirman. This is one for the lawyers, and for those with a keen interest in the operation of that devil of the Corporations Act – at least in the eyes of certain secured creditors – Section 561. In the Federal Court yesterday, a decision was handed down in Kirman v RWE Robinson & Sons Pty Ltd (in liq), in the…
Vincents’ Nick Combis. Vincents partner Nick Combis has found himself on the wrong side of an adverse costs order after the creditor he was pursuing persuaded a judge that her preferences were protected. In Queensland Quarry Group Pty Ltd (In Liquidation) & Anor v Cosgrove [2019] QDC 26 Combis, in his capacity as liquidator of QQG, sought to retrieve more than $350,000 received by a…
Veritas Advisory principal David Iannuzzi. The Federal Court has dismissed an application for leave to appeal orders for a judicial inquiry into the conduct of Sydney liquidator David Iannuzzi. Last week three judges of the Federal Court of Appeal ruled that none of the submissions made by Iannuzzi’s legal representatives had persuaded them that in ordering an inquiry into Iannuzzi’s conduct last year, Federal Court…