Judgment

Pitchers pair affirm reforms in Federal Court fight

Pitcher Partners Andrew Yeo and Gess Rambaldi have extracted a decision from the Federal Court that goes a long way to affirming the insolvency law reforms dealing with causes of action and what insolvency practitioners can do with them. “The decision hopefully supports the closely related law reforms from September 2017,” Yeo and Rambaldi told Insolvency News Online (INO). “Prior to the changes, the liquidator…


Liquidator fails to overturn predecessor’s compromise

Robyn Erskine, who last year replaced David Iannuzzi as liquidator of North Shore Property Developments, has failed in a legal bid that would’ve given her more time to challenge a generous seeming compromise entered into by her predecessor. In Erskine v 72-74 Gordon Crescent Lane Cove Pty Ltd, in the matter of North Shore Property Developments Pty Ltd (in liq) [2018] FCA 109 we learn that Iannuzzi…


Liquidators to pay after unreasonable conduct finding

The MV Developments liquidation may go down as a textbook case of how not to avoid a finding of unreasonable conduct and how difficult it can be to wind up a property development when there are competing prospective purchasers, multiple registered security holders and a director who admits accepting casino chips as deposits. This after all is the job that drove Rodgers Reidy’s Rob Moodie…


Trustee ticked off for potential privacy breach

Cor Cordis Melbourne partner Daniel Juratowitch has come in for some stick from Federal Circuit Court judge Heather Riley but given the lack of engagement by the bankrupt over an extended period, it’s hard not to sympathise. Juratowitch was appointed trustee of the bankrupt’s estate on December 13, 2016. On April 27, 2018 she applied to have the order sequestering her estate set aside. The…


ATO’s bid for 10 year ban heading for trial

Embattled Sydney liquidator David Iannuzzi is headed for trial after Federal Court judge Nye Perram delivered judgement this week on an application launched by the tax office for a judicial inquiry into Iannuzzi’s conduct. The tax personage wants Iannuzzi banned for 10 years and restrained from working as an insolvency practitioner for the same period. For good measure it also wants the court to order Iannuzzi…


Liquidator wins latest round in Armenian school saga

It might almost read like something from the Golden Age of Russian Literature, save for the fact that none of the characters are from Russia, nobody dies and the main players don’t end the story lamenting their role and pining for a simpler life harvesting permafrost. No indeed. A liquidator has in fact emerged triumphant from the latest instalment of the tragic and enduring tale…


Court lops receivers’ fees by 50 per cent

It doesn’t do to mix your WIP. Nor does it do to confuse a judge. Hall Chadwick duo Richard Albarran and David Ross may have accidentally done both, and it’s cost them eighty grand. The recent lopping of around three quarters off their claim for remuneration as receivers of the DOH Family Trust follows a period during which Albarran and Ross have also acted as 1) voluntary administrators of…


Deloitte partner rebuffed on costs challenge

Deloitte’s David Mansfield has come away with a shiner from a challenge he brought on in the District court of NSW after an earlier bout left him bloodied and leaking costs. In December 2017 a NSW District Court judge ordered Mansfield to pay the costs of a defendant in proceedings he’d brought against directors of the Camperdown Bowling & Recreation Club Ltd (CB&RC). Mansfield was appointed…


Woodgate appointed SPL as creditor shuns dVT pair

dVT Group’s Seulen McCallum and Riad Tayeh will likely soon receive communications from Giles Woodgate after the NSW Supreme Court of Justice Fabian Gleeson last week approved Woodgate’s appointment as special purpose liquidator (SPL) of Hemisphere Technologies Pty Ltd (HT). McCallum and Tayeh were appointed liquidators of Hemisphere – which changed its name to ACN 152 546 453 Pty Ltd on December 23, 2016 – in January 2017. Their…


Pair’s use of “power-of-attorney” riles ASIC

Whilst one must take care not to assume, it looks as though ex-KordaMentha partner Cliff Rocke and KordaMentha’s John Bumbak have doubled down in getting up officialdom’s nose. It started on June 6 when Rocke went to the Federal Court seeking an order to facilitate his retirement as sole liquidator of three companies to which he’d been appointed before his departure from Kordas in December, 2016. Rocke also asked…