Liquidations

Resistance became acceptance after breakfast

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…


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,…


Liquidators recover $2m plus costs from ATO

Hall Chadwick’s Richard Albarran. Richard Albarran and David Ross have had quite a win in the NSW Supreme Court, with a judge ruling $2 million paid to the Commissioner of Taxation (ATO) by Western Port Holdings (WPH) whilst it was subject to a deed of company arrangement (DoCA) should be handed back. But will the decision prevail if an appeal is heard? The court’s ruling,…


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…


dVT pair to appeal Timbercorp ruling

dVT’s Riad Tayeh dVT Groups Antony De Vries dVT Group founders Riad Tayeh and Antony De Vries have instructed their lawyers to appeal a judgment that could see them facing bankruptcy proceedings in respect of investor loans issued by failed agri-scheme operator Timbercorp. Solicitor Marc Ryckmans of Somerset Ryckmans today confirmed that his clients had instructed him file an appeal to the judgment of Victorian…


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…


Ex-Deloitte partner quizzed over Last Lap restructure

Cor Cordis Melbourne partner Bruno Secatore. Deloitte Restructuring Consultant Simon Wallace-Smith. Eventful on multiple levels best describes yesterday’s public examination (PE) of former Deloitte partner and now consultant Simon Wallace-Smith, who was being questioned about his former tenure as liquidator of Last Lap Pty Ltd by counsel for the current incumbent. To start with, there were problems with all the parties being on the same…


dVT duo cop whopper Timbercorp debt

dVT Group founder Anton De Vries dVT’s Riad Tayeh A recent judgment of the Supreme Court of Victoria might see amiable dVT Group partner Riad Tayeh forced to take decisive action, which could ultimately include declaring bankruptcy. The reasons for such a potential and at this stage hypothetical course lie in the findings of Victorian Supreme Court Judge Peter Riordan, who on February 5 ruled…


referrer

RL’s links with referrer upset ICON directors

O’Brien Palmer’s Chris Palmer. There’s nothing like being in business with your referrer to get an appointee offside with someone and at least some of those connected to ICON Construction (NSW) Pty Ltd (ICON) were recently in a flap about Chris Palmer. Following the granting of consent orders in the NSW Supreme Court the O’Brien Palmer principal and colleague Liam Bailey replaced ICON administrator Ben…


Erskine giving examinees the hot and cold treatment

Brooke Bird’s Robyn Erskine. The temperature in Federal Court 19B went from too hot to too cold between last Friday and Monday this week but for the examinees summonsed to appear by liquidator Robyn Erskine, the chill did little to improve their recall. Central to the Brooke Bird principal’s investigation into North Shore Property Developments Pty Ltd are events that go back to 2014 but…