PwC’s Andrew Scott. KordaMentha partner Kate Conneely. PwC’s Andy Scott is looking at this point the only obvious winner among the parties scrimmaging over a $2.28 million pot of excess cash Scott has generated in his role as liquidator of Parkway One Pty Ltd and receiver manager of the Parkway One Unit Trust. The other parties – those asserting to be lenders with secured interests…
Worrells Con Kokkinos. Worrells Matthew Kucianski. The recent judgment of Victorian Judicial Registrar Ian Irving in EAD Concepts Pty Ltd (admin apptd) [2021] VSC 227 (28 April 2021) makes for instructive reading in respect of the court’s views on winding up versus voluntary administration (VA), and there’s entertaining detail around IP rivalry prompting iNO to wonder which Melbourne-based IPs haven’t had a drink out Melbourne…
Hall Chadwick’s Blair Pleash. Liquidator David Ross. Following the delivery of judgment in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 lawyers across the land will be pondering how they can avoid having Justice John Reeves anywhere near their applications in respect of alleged uncommercial, unreasonable and insolvent transactions. How to insulate expert witnesses will…
Philip Damien Whiteman. Photo courtesy ABC News. It’s been some time coming but accused tax fraud mastermind Philip Damien Whiteman this week finally had a day in court in relation to allegations of illegal “phoenix” activity. On Monday the 62 year old “pre-insolvency service provider” from Port Melbourne was charged in the County Court of Victoria with nine offences of dishonestly causing a loss to…
Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…
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…
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…
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…
Chifley Advisory’s Gavin Moss Sydney liquidator Gavin Moss would’ve donned his best asbestos before fronting the NSW Supreme court yesterday, well aware he might be exposed to incendiary cross examination in respect of an application to remove him as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH). The ditch-and-replace initiative is being brought by Rebel Sports co-founder Ian Dresner of Fogo Brazilia Holdings Pty Ltd…
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,…