Liquidations

BBY duo conclude long adjourned remuneration bid

KPMG partner Stephen Vaughan. KPMG Partner Ian Hall. The interim divvie’s distributed, it’s twin awaits only delivery of a judgment reserved and now an application for remuneration – brought by BBY Limited’s liquidators Stephen Vaughan and Ian Hall in 2017 and adjourned in 2018 – has at last come to pass. “The total value of the assets (CSAs and recoveries) for which the liquidators have…


Liquidator of Obeid family Quay holes forced to settle

RSM’s Frank Lo Pilato. RSM partner Frank Lo Pilato has had to take a haircut on his fees and expenses on the liquidation of Circular Quay Restaurants Pty Limited after an absence of funders forced him to settle on pauper’s terms with the family of corrupt former Labor politician Eddie Obeid. As was revealed in the NSW Supreme Court on Monday, Pilato agreed to the…


McKern insolvency estimate repels challenge

McGrathNicol partner Robyn McKern. Grant Thornton’s Said Jahani. If dignified crowing is heard during the next McGrathNicol zoom meeting of partners iNO won’t be surprised. It’s not every day that a forensic accountant has their sums validated by a Federal Court judge. “The referee concluded that the group of companies was insolvent from 31 January 2017 and thereafter. That is in contradistinction to the opinion…


Winding up stayed but priority spoils the party

Deloitte partner Robert Woods. Cor Cordis partner Daniel Juratowitch. iNO has rarely read a decision where so many irregularities have been forgiven on the way to ruling in favour of an appellant seeking to terminate a winding up. Yet in Re The Thoroughbred Consultants Pty Ltd [2021] VSC 627 we have detailed reasons why Supreme Court of Victoria judge Michael Osborne decided that a winding…


Judge invites Forum liquidators to fly Papas home

McGrathNicol partner Jason Ireland. Funding and freezing orders were to the fore yesterday as lawyers for Westpac and alleged fraudsters Bill Papas and Vincenzo Tesoriero returned to the fray before Federal Court judge Michael Lee. “I’d be interested to hear from the liquidator and if the only obstacle is purchasing a ticket then I would’ve thought that the liquidator would want him back but the…


Validation sought after appointor admits bankruptcy

O’Brien Palmer’s Daniel Frisken. O’Brien Palmer partner Daniel Frisken has had to go to Court to have his June 16, 2021 appointment as voluntary administrator (VA) of NPH Group validated after the company’s sole director conceded he’s a bankrupt. On Wednesday Federal Court judge Elizabeth Cheeseman heard that Frisken needed to have confirmed his appointment as both VA and as liquidator of the troubled builder, the latter…


Plenty at stake as referee and liquidators differ

Grant Thornton’s Said Jahani. McGrathNicol partner and forensic accounting guru Robyn McKern. The litigation being pursued by Delta Coal Mining Pty Ltd (Delta) liquidators Said Jahani and John McInerney is set to test the forensic mettle of McGrathNicol partner and referee in demand Robyn McKern. The Grant Thornton pair have commenced proceedings for unfair preferences and for insolvent trading with combined claims totalling $25 million….


Millions from money launderers won – now for the fun

Mackay Goodwin’s Mitchell Ball. Mackay Goodwin’s Mitchell Ball knew he had a big number but it must have been satisfying to scroll through the amounts – many in their millions – that NSW Supreme Court chief judge in equity Julie Ward this week confirmed are owed to various companies to which Ball is liquidator appointed. Thus is another money laundering scam founded in labour hire…


Inadequately discharged onus incurs adverse costs

O’Brien Palmer’s Daniel Frisken. Failing to adequately discharge one’s onus has come back to bite a Sydney liquidator who now has an adverse costs order attaching to whatever assets the company he controls might possess. As is explained by NSW Supreme Court judge Kate Williams In the matter of Pacific Steelfixing Pty Ltd (No 2) [2021] NSWSC 1129, whilst O’Brien Palmer partner Daniel Frisken did…


Forum funding agreement gave Westpac too much say

McGrathNicol chairman Jason Preston. McGrathNicol partner Jason Ireland. Federal Court judge Michael Lee wasn’t going to let a funding agreement between Westpac and Forum Finance Group’s liquidators pass without comment when the draft deed came before his honour last Friday. The agreement, which will enable liquidators Jason Preston, Jason Ireland and Kathy Sozou of McGrathNicol to pay their remuneration and expenses, contained two elements upon…