Liquidations

VA’s professional skepticism AWOL on adjournment bid

Grant Thornton’s Phil Campbell-Wilson. On the Sabbath the director gaveth, and on the Monday a judge tooketh away, though not before querying what he perceived as a lack of “professional skepticism” exhibited by one of Grant Thornton’s top insolvency and restructuring partners. The occasion was an application to adjourn a winding up hearing launched by the very recently appointed voluntary administrators (VAs) of Ming Tian…


When your appointor might be a bankrupt

O’Brien Palmer’s Daniel Frisken. What’s in a name? Well when you’re a registered liquidator authorised to accept formal appointments from directors there’s plenty, particularly when the sole director doing the appointing has four names and there’s a possibility he might be an undischarged bankrupt. The RegLiq in question in this intriguing case is O’Brien Palmer partner Daniel Frisken, who was appointed administrator of builder NPH…


Bias finding unlikely but Judge may remove regardless

Towards the end of the hearing of a liquidator removal application yesterday, the presiding judge mused that whilst he was unlikely to find that GS Andrews Advisory principal Greg Andrews has demonstrated bias as liquidator of Candlebrush Investments Pty Ltd (Candlebrush), he might remove him anyway. The judicial contemplations were uttered by NSW Supreme Court judge Ashley Black after his honour had spent much of…


11th hour lien claim ruffles receivers

Hall Chadwick’s John Vouris. There may be quite a stoush germinating between Atlas CTL Pty Ltd‘s receivers Matt Byrnes and Andrew Hewitt and the company’s lien-wielding liquidators Richard Albarran, John Vouris and Richard Lawrence over entitlement to assets which formed part of the auto leasing outfit. “After a year of blistering inactivity and at the urging we understand of Volkswagons’ lawyers, they have suddenly indicated…


Court replaces liquidator ahead of meeting

CJG Advisory’s Mathew Gollant. Hall Chadwick partner Sule Arnautovic. (Image: Hall Chadwick) iNO can but imagine what might be afoot when an entity like the Nissan Motor Company (Australia) (NMA) replaces an incumbent liquidator via an application to court when NMA is the only creditor and therefore would have had no trouble replacing the incumbent at the first meeting. From what can be gleaned from…


Judge slams “totally disproportionate” fees

Hamilton Murphy principal Richard Rohrt. Hamilton Murphy’s Stephen Dixon. Hamilton Murphy’s Richard Rohrt and Stephen Dixon have a Ferrari to sell now that they’ve been appointed receivers and managers over the property, assets and undertaking of The Rose Guerin and Partners Trust but getting paid for their labours won’t be straightforward after a judge ripped ’em a newie in respect of their “totally disproportionate” fees….


Bondi InJunction as liquidator resists removal

Liquidator Gavin Moss. Photo: iNO Images The hot sauce of cross examination was in full-flavoured evidence yesterday as iNO took another bite of proceedings in FOGO Brazilia Franchise Holdings Pty Ltd (FBFH). FBFH director, Rebel Sports co-founder and plaintiff Ian Dresner is seeking an inquiry into Chifley Advisory’s Gavin Moss, allegedly for demonstrating a lack of independence and misleading the court. Dresner also wants an…


Beware the expression of opinions in affidavits

Pitcher Partners’ Andrew Yeo. Andrew Yeo has copped some judicial stick for opinions expressed in an affidavit the Pitcher Partners’ rain maker filed in defence of proceedings brought by Norm Carey, founder of the long since collapsed Westpoint Property Group. In a recent judgment WA Supreme Court Master Craig Sanderson said that Yeo should have kept his views on the legitimacy of Carey’s action to…


$45k per month to store HIH records

McGrathNicol’s Jason Preston. McGrathNicol’s Kathy Sozou. McGrathNicol’s Jason Preston is drawing excruciatingly close to concluding the two decades long winding up of the HIH insurance group and as has emerged this week, the end can’t come soon enough with hefty administration costs termiting what funds remain. “We have obtained orders to allow the destruction of the records 90 days after deregistration of the head company…


Insurer funds IP’s legals in defence and cross claim

BRI Ferrier’s David Coyne. It’s not every day a liquidator gets their legal expenses for both the defence of a claim and pursuit of a cross-claim paid for by the applicant and respondent on the other side of the dispute, but BRI Ferrier Victoria boss David Coyne currently occupies this happy place, courtesy of QBE. The uncommon state of affairs came to iNO’s attention whilst…