Lawyers

Liquidator queried skinny surplus from Westpac

Jones Partners’ Michael Jones. Liquidator Michael Jones was quick to hose down suggestions of a dispute with Westpac subsidiary Capital Finance after iNO contacted the Jones Partners principal in relation to an application this week in the NSW Supreme Court. iNO’s queries related to orders declaring that a $25,000 surplus Capital Finance generated via the sale of secured assets vested with Jones in his capacity…


Derailed insolvent trading case burns Pitchers pair

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. There must’ve been some choice words in the offices of Pitcher Partners Melbourne after a court refused Andrew Yeo and Gess Rambaldi’s application for judicial indulgence in respect of the late submission of evidence critical to a $6 million plus claim for insolvent trading against Simon Freeman of LGL Commodities. Those choice words however remain unpublished, whereas…


Shared anxiety over examinations deferred

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. Liquidators contemplating public examinations may benefit from an account of the tortured progress being made by Andrew Yeo and Gess Rambaldi as they try to examine Ms Sherife Roseanna Ymer, the ex-wife of alleged fraud and phoenix mastermind Philip Whitman. It’s almost three years since the Pitcher Partners’ pair obtained summonses requiring Ymer to attend for examination…


Liquidator alleged to have knowingly misled court

Liquidator Gavin Moss outside the NSW Supreme Court this week. Never has iNO regretted scheduling a dental appointment more than when an hour of root canal on Wednesday morning led to us missing the moment liquidator Gavin Moss was alleged to have knowingly misled a court. Stoically endured and lavishly anaesthetised discomfort aside, the making of this allegation before NSW Supreme Court judge Kate Williams…


FOGO liquidator resisting conflict conniptions

Chifley Advisory’s Gavin Moss Further details of the bid to remove Gavin Moss as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH) emerged this week when a court ruled on an application to have a subpoena seeking details of communications between Moss, his funder and his funder’s lawyer set aside. The subpoena was issued to Stewart Levitt of Levitt Robinson Solicitors on February 24,…


Spine in Hall Chadwick paw resists dislodgment

Etienne Lawyers Steven Brown. Hall Chadwick’s Richard Albarran. Hall Chadwick Sydney partners are slowly but surely being dragged closer to a day of either reckoning or redemption in respect of allegations of deceit going back to 2005, with NSW Supreme Court judge Guy Parker last week agreeing to allow mightily vexed (and determined) creditor Owen Salmon to amend his statement of claim. In Salmon v…


What’s in a word – dVT boss tackles Lloyds of London

dVT’s Riad Tayeh dVT Group’s Riad Tayeh has plenty on his plate in this, the second year of the 21st century’s first pandemic. For starters the mid-tier firm’s co-founder may have to facing potentially ruinous recovery action courtesy of Timbercorp liquidators Craig Shepard and Mark Korda after the KordaMentha duo extracted a favourable decision from Victorian Supreme Court last month. As a consequence, Tayeh and…


Privilege dispute leaves liquidator with costs

Cor Cordis Melbourne partner Bruno Secatore. The week wouldn’t be complete if we didn’t revisit briefly the ongoing slugfest between Cor Cordis Melbourne boss Bruno Secatore and Deloitte as the former delves into the latter’s lengthy involvement with the Bob Jane tyre empire. As liquidator of Bob Jane Group entity Last Lap Pty Ltd Secatore has succeeded in having summonses for public examination issued to…


VA Verney falls on sword at 11th hour

11th hour sword fall – Greyhouse Partners’ Ben Verney. Sydney based insolvency practitioners Chris Palmer and Liam Bailey supplanted Melbourne counterpart Ben Verney late last year after court orders were agreed less than a day before Verney and the creditors wanting him gone were due to put their conflicting arguments before NSW Supreme Court Corporations judge Ashley Black. On Monday December 28, short minutes of…


Proof of debt decisions could cost Victorian a VA

Greyhouse Partners’ Ben Verney. O’Brien Palmer’s Chris Palmer. Victorian practitioner Ben Verney is clinging tenaciously to the administration of Icon Constructions (NSW) Pty Ltd but decisions he made in respect of proofs of debt at the first meeting could see him stripped of the appointment before the year is ended. Lawyers for Owners Corporations (OCs), developers and unit owners claiming for building defects – this…