Liquidations

Stat demand rebounds as costs imposed on dVT duo

dVT’s David Solomons dVT’s Riad Tayeh Stat demands, divorcees and former business partners now rivals in the Northern Territory’s child care sector? The question here is what could possibly go right. Sydney liquidators David Solomons and Riad Tayeh might well be wondering the same, after a Judge of the Queensland Supreme Court found that liquidators don’t have to have acted unreasonably before they can be…


DoCA disaster as liquidators seize deed funds

Cor Cordis partner Alan Walker. Hall Chadwick’s Richard Albarran. From iNO’s perspective, one of the fundamental flaws in the deed of company arrangement (DoCAs) concept is that control of the company returns to the same person or persons who ran the company into the ground in the first place. Por que? In the matter of Antqip Hire Pty Limited (subject to deed of company arrangement)…


GPL ordered to pay SPLs costs out of own pocket

Liquidator Schon Condon. When you’re down it’s harder to dodge the blows, and that’s an adage to which Sydney liquidator Schon Condon can well attest after copping his second personal costs order in less than two months. On Monday Federal Court judge Jane Jagot ordered Condon to pay from his own pocket the costs of KordaMentha’s Rahul Goyal and Jennifer Nettleton, who had brought an…


Deloitte server not out of bounds for ex-partner

Ex-Deloitte partner Eddie Senatore. On the face of it, the judgment in the matter of Today’s Homes and Lifestyle Pty Ltd (in liquidation) v McCoullough seems to suggest that Canberra-based practitioner Enzio Senatore might not have access to information saved to a computer server before he departed Deloitte in 2018. The April 6 decision concerns an application seeking to have struck out Senatore’s claim for…


Phoenix accused’s de factos a problem for Pitcher pair

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. Pitcher Partners’ Andrew Yeo and Gess Rambaldi are venturing into tricky legal waters as they seek to recover more than $1 million they’ve traced to companies linked to alleged phoenix mastermind, Philip Whiteman. In the Federal Court in Melbourne yesterday, the pair – who were first appointed liquidators of Whiteman’s Armstrong & Shaw Group of Companies (A&S…


Lethal delay sinks liquidator’s voidables play

PCI Partners’ Stephen Michell. Leaving it till the last day to seek an extension of time in which to consider bringing voidable transaction proceedings has rebounded badly on Melbourne-based liquidator Stephen Michell. Last week the parties who would’ve been the subject of those voidable transaction proceedings – assuming the PCI Partners’ principal launched them – won an appeal in the Supreme Court of Victoria which…


ARITA subpoenaed as Cor Cordis duo biff with insurer

Cor Cordis NSW partner Ozem Kassem. Image courtesy Cor Cordis. It’s probably not every day the chief professional body for registered liquidators and bankruptcy trustees cops a subpoena but it happened recently in regard to former member and Cor Cordis partner Ozem Kassem. Kassem was expelled from Australian Restructuring Insolvency and Turnaround Association (ARITA) in April 2018 for refusing to engage an independent assessor to…


Liquidator to appeal personal costs order

Liquidator Schon Condon. Unreasonable and adversarial are terms no liquidator wants used to characterise their conduct and iNO’s mail is that Parramatta-based practitioner Schon Condon will appeal a judgment that’s branded him as both and labelled him a recidivist into the bargain.  In the matter of Azmac Pty Limited (in liquidation) (No 2) [2020] NSWSC 363 NSW Supreme Court judge Kelly Rees last week ordered…


Judge dismisses bid for leave to sue liquidators

dVT’s Riad Tayeh dVT’s Antony de Vries There’s a line in the television series Mad Men where Roger Sterling of fictional advertising agency Sterling Cooper says: “advertising’s a great business, except for the clients”. Some Liquidators might feel that sentiment could equally apply to the business of insolvency, except “clients” – at least in the case of dVT founders Anton de Vries and Riad Tayeh…


Related party defendants fail in bid for exclusion

Grant Thornton’s David Hodgson. Grant Thornton’s Andrew Hewitt. Over in the sand groper state Grant Thornton’s David Hodgson and Andrew Hewitt have had some joy as they herd related-party creditors acting like aristocratic cats unwilling to mix with those common moggies in receipt of garden-variety preferences. In David Mark Hodgson as joint and several liquidators of Diploma Construction (WA) Pty Ltd (In LIQ) (Receivers and…