Liquidations

Duff & Phelps duo cede receiver investigations to SPLs

Duff & Phelps’ Marcus Ayres. Duff & Phelps’ Steve Parbery. As iNO reported last week, Duff & Phelps duo Marcus Ayres and Steve Parbery have had their hands full winding up Queensland coal mine operator ICRA Rolleston Pty Ltd (ICRA). ICRA’s sole director – John Phillip Canavan – suspects the pair of having a conflict with ICRA’ former joint venture partner and his nemesis Rolleston…


Forge settlement fodder for ‘Improving Outcomes’ Bill

Banton Group CEO Amanda Banton. KPMG’s Martin Jones. If the Federal Government wanted a recent example of why the litigation funding industry should submit to the regulatory cosh as is envisaged in the Government’s Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 then it might like to look at the latest update for creditors of the Forge Pooled Group (FPG). “The fact that…


Joint & several curse haunts liquidator in the box

BCR Advisory’s John Morgan. Sydney liquidator John Morgan copped the treatment in the Federal Court witness box yesterday as a three day hearing kicked off to determine if a company he de-registered more than three years ago should be reinstated. If Morgan’s application succeeds and the BCR Advisory principal is also rewarded with the pooling order he seeks then FEG Recoveries will bankroll the commencement…


Failed appeal follows imprudent refusal

Hall Chadwick partner Blair Pleash. When you’re being funded to pursue litigation, it’s not difficult to double down and appeal after a stinging loss. For Hall Chadwick partner Blair Pleash, trying to cajole a ceasefire from the bowels of defeat has meant being bitten twice in a month after the Federal Court of Appeal last week dismissed his bid to overturn a ruling rejecting his…


Liquidator facing removal over funder’s proof of debt

Liquidator Moira Carter. When your funder is the major creditor by an insurmountable majority and wants you to use its preferred lawfirm, well, what’re you going to do? Particularly when your funder is that model of decorum in litigation, the Commonwealth. For one North Queensland liquidator, this scenario has armed enemies who are not only seeking to remove her but also want the Commonwealth’s proof…


When directors look the other way and it’s okay

RSM partner Neil Cribb. Sheridan’s Jennifer Low. As best we can tell RSM partner and West Australia insolvency veteran Neil Cribb has chosen not to appeal the November 11 decision of Federal Court judge Neil McKerracher in Cribb v Kingsbury (No 2) [2021] FCA 1397. “No doubt such cases will come in many different forms, but certainly in this case I do not consider Mr Kingsbury’s…


Forum judge lashes “wheel spinning” lawyers

Justice Michael Lee. When a judge describes lawyers fee estimates as “massively excessive” you have to wonder why such a wrecking ball descriptor is prefaced with the phrase “with respect”? Condemnation of legal fees reeking of avaricious opportunism however is not an issue from which Federal Court judge Michael Lee shies away. “I don’t want there to be wheel spinning correspondence between solicitors.” Justice Michael…


Fee-asco a familiar feature of Modscape saga

Menzies Advisory’s Michael Caspaney. Cor Cordis partner Rachel Burdett. There are so many elements to the Modscape Pty Ltd saga that it’s difficult to know which strand to yank first but in homage to our abyssal tabloid instincts iNO will commence with the most recent, involving a former liquidator of the company whose fees and costs are under review. That review has been brought by…


Deed administrator dirty as liquidator lassoes leave

Grocon Group deed administrator Craig Shepard. Hastie Group liquidator Craig Crosbie. There may well have been terse words, a chilling silence, or even diverse and inclusive profanity when KordaMentha’s Craig Shepard learned last week that Hastie Group liquidator Craig Crosbie had wrangled a decisive grant of leave. Shepherd – in his capacity as deed administrator of the Grocon Group – has been resisting efforts by…


Solvency reports excoriated as funder stung for costs

Cor Cordis partner Andre Lakomy. A falling out between Sydney lender Graham Werry and notorious Kiwi businessman Mark Bryers has led a judge to mete out more punishment to litigation funders, and for good measure she’s also torn strips off a certain liquidator’s solvency reports. In the matter of Wetherill Park Holdings Pty Ltd (No 2) [2021] NSWSC 1397 NSW Supreme Court judge Kelly Rees…