Liquidations

Ozem’s MVL imperilled after court rejects rejections

KPT Restructuring’s Ozem Kassem. McGrathNicol’s Anthony Connelly. How inconvenient. There was Ozem Kassem, helming Videriva Pty Ltd under the flag of an MVL when alongside comes Anthony Connelly and Kathy Sozou, demanding he take on an unwelcome cargo which, following a hearing in the Federal court this week, will likely force the KPT Restructuring founder to hoist the more commonly flown pennant of an insolvent…


Dead man’s ledger tells no tales

BDO national leader, business restructuring, Duncan Clubb. Three BDO partners have had zero luck gambling on a scantily supported claim, with the Federal Court dismissing their application for recovery of an alleged inter-company debt and ordering them to pay the defendant’s costs. In Marsden, in the matter of Empire Consortium Group Pty Ltd (in liq) v Nationwide Plant Hire Pty Ltd [2026] FCA 911 Justice…


Tahmoor liquidators fail to disclaim Glencore royalty

McGrathNicol partner Shaun Fraser. It would have topped off a very successful winding up if Shaun Fraser and Jonathan Henry could’ve binned an inconveniently airtight royalty agreement attaching to the operations of the Tahmoor Coal mine. But it wasn’t to be. Last Friday a judge of the NSW Supreme Court refused the Tahmoor Coal Pty Ltd (Tahmoor) liquidators’ application for a declaration that they would…


To terminate or not to terminate: that is the question

HM Advisory’s Cameron Gray. After being told that he and not the court would need to decide whether the winding up of Mawson Infrastructure Group Inc (MIGI) should continue Cameron Gray has chosen the option least likely to provoke MIGI’s American interests into a nuclear response. The renewables option if you will. Facing contempt proceedings in the US and a hostile board that’s impugned the…


Allegations of cabal complicity stalk Sydney liquidator

HM Advisory’s Cameron Gray. Perhaps the US interests condemning Cameron Gray’s conduct as liquidator of Nasdaq-listed Mawson Infrastructure Group Inc (MIGI) think the distance between jurisdictions means their allegations need to be extreme to carry any weight after travelling so far. “Mawson alleges that the debts have been created in some breach of fiduciary duty and that Mr Gray was effectively complicit in this behaviour,…


Receiver’s ripper return didn’t satisfy beneficiary

Deloitte’s David Mansfield. It should be impressed upon young accounting and finance types contemplating a career in insolvency that they should abandon all hope of ever receiving an accolade from a grateful creditor. In the game they’ve chosen to play, thankless silence is a ticker tape parade. “What’s in issue is the level of attention to detail, the staff and title of the staff recorded…


Court refuses bid to offload costs onto creditors

Worrells Roberto Crispino. A federal court judge who was prepared to invoke the S532(2) exception so as to allow a number appointments to remain under the control of members of the Hall Chadwick partnership was not prepared to allow the costs of the exercise to be borne by the affected creditors. In Crispino (liquidator), in the matter of Universal Steel Pty Ltd (In Liquidation) [2026]…


Octaviar liquidator targeting Bentleys’ insurer

Bill Fletcher. Kate Barnett. Bill Fletcher spent half of yesterday doing all he could to avoid throwing Kate Barnet under a bus. Mostly he succeeded. The former Bentley’s partner, who would normally be enjoying an enviable boomer retirement instead presented in the Federal Court for public examination by counsel for Mark Robinson, the Fort Restructuring principal who replaced Fletcher and former Bentleys’ colleague Barnet as…


No disbursements rubber stamp for Cor Cordis duo

Cor Cordis partner Kate Conneely. Cor Cordis partner Rahul Goyal. Cor Cordis duo Rahul Goyal and Kate Conneely wanted out. They couldn’t locate the asset. Their funder was happy for them to go. All that was required was a judge prepared to approve their final remuneration and ahem, disbursements. What they got was Ashley Black. The scrupulously correct Corporations List judge at the NSW Supreme…


Trustee takes surplus after liquidator’s case falls short

Jones Partners principal Bruce Gleeson. Hall Chadwick’s Richard Albarran. When $5,000 all that’s been paid to cover remuneration you can be sure a liquidator of the calibre of Richard Albarran won’t ignore cash sitting in a court bank account waiting to be claimed but as a recent judgment of the NSW Supreme Court shows, even Hall Chadwick’s most prominent partner can’t win over a judge…