Judgment

Ex-bankrupt and wife fail on trustee fee appeal

Ex-bankrupt Robert Coshott and his wife Ljiljana Coshott have failed in their attempts to challenge fees and remuneration payable to Nick Crouch and Shabnam Amirbeaggi, who were appointed trustees for the sale of a Bellevue Hill property held jointly by Mrs Coshott and her husband’s former trustee in bankruptcy, Max Prentice. Rubbing salt into the failure, the three judges of the Federal Court of Appeal ordered that…


Office of State Revenue staff erroneously made company a corporate trustee

Office of State Revenue error forced Cussen to court

There’s nothing like a howler in official government documentation – in this instance from the NSW Office of State Revenue – to disrupt the straightforward process of asset disposal, as Deloitte’s Neil Cussen learned in the curious case of Zerren Pty Ltd. Cussen was appointed liquidator of Zerren in June 2014 following an application by the Chief Commissioner of State Revenue to wind up the…


Was it Worrells duo’s ‘inadvertence’, or ASIC’s?

Worrells pair Nathan Deppeler and Nick Cooper have at last put their brief stint as unwittingly unregistered liquidators behind them and Federal Court Judge David O’Callaghan has disclosed in his recently published reasons the difficulties in hearing an application from the pair when they were technically unregistered. As Justice O’Callaghan pointed out in his opening, “Their registrations as liquidators expired earlier this year because, through inadvertence,…


Yeo and Rambaldi’s preference claim Baskett case

Down in bleak city, Pitcher Partners’ Andrew Yeo and Gess Rambaldi have failed in an attempt to reboot a $337,928.27 preference claim after a judge ruled that amendments to their originating process were invalid and the alleged preference recipient was therefore served out of time. The judge laid the blame for the bungle with the liquidators’ lawyers. Yeo and Rambaldi were appointed liquidators of Convector Grain…


Security for costs grab by liquidator fails

Judge rejects liquidator’s grab for security for costs

They like a punt in West Australia which may explain the bold but ultimately unsuccessful bid by FTI Consulting’s Ian Francis for a chunk of cash paid into a court by a company that then went bust. Francis – who in recent years has acted for ANZ against grain farmer and ousted One Nation senator Rod Culleton – was appointed liquidator of EH2015 Pty Ltd via…


Rogue adviser misled liquidator on $56k

“Rogue” adviser misled liquidator over $56k

Well former Vincents partner Peter Dinoris has had no luck in the Court of Appeal, neither has fellow liquidator David Clout and it has also emerged that in earlier proceedings, pre-insolvency adviser Peter John Levis was branded a rogue by Clout’s counsel, Mark Martin QC as well as being accused of lying. The claims are contained in Asden Developments Pty Ltd (in liq) v Dinoris [2017] FCAFC 117, published yesterday by the…


ANZ appointees accused of trespass in SPL bid

Here’s an unholy shemozzle for the Federal Court to exorcise. Two banks, each with multi-million dollar exposures to separate companies within the same group. Four appointees, installed at some point as either receivers or liquidators of various companies within said group. Add the main shareholder and director, who’s defending one bank’s attempts to bankrupt him. Toss in ASIC. Season with allegations that receivers took possession…


DCoT doubts nominee liquidators’ independence

It was back in June that Justice Paul Brereton of the NSW Supreme Court ordered that three Deloitte partners be appointed provisional liquidators of various companies connected to the $165 million Plutus Payroll tax fraud scandal, but it’s his comments in the judgment supporting those orders that might be of interest to readers of SiN. The application to appoint Deloitte’s Tim Norman, Ezio Senatori and Sal Algeri …


Pitchers duo fail to extinguish liability claim

Over in the West this week, Pitcher Partners’ Bryan Hughes and Daniel Bredenkamp failed in their latest attempt to extinguish liability claims being pursued by US energy outfit Blue Sky Offshore Services. The Pitchers pair had applied to the Supreme Court of West Australia for summary judgment against Blue Sky on the basis that its claims against them were not arguable and had no realistic chance…


A franky pyrrhic victory

Wily victory over ASIC frankly pyrrhic

In the public interest SiN has resolved to update Supreme Court of NSW judge Paul Brereton about where the corporate regulator hatches its plots from these days because it transpires that the mother of all Corps List curmudgeons isn’t certain that ASIC has moved from 1 Martin Place. The judge’s recollection of the days when ASIC’s modestly remunerated minions enjoyed awkward silences with Macquarie Bank‘s…