Liquidations

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…


Liquidator’s debt proof rejection could cost

Liquidator Schon Condon. A decision by a Sydney liquidator to refuse the bulk of a $423,935.53 proof of debt looks set to be reversed following the handing down of a judgment in the NSW Supreme Court. In the matter of Azmac Pty Limited (in liquidation) [2020] NSWSC 204 Justice Kelly Rees details how Schon Condon, as liquidator of Azmac Pty Limited, knocked back the bulk…


UK judges side with Oz Liqs over spreadsheet error

If you are in doubt about the capacity for bloody-mindedness among and within the big four accounting firms read on as iNO recounts how administrators of a Lehman Brothers entity in the UK and Lehman-associated liquidators in Australia slugged it out in the courts for almost four years over an error in a spreadsheet. The tale comes courtesy of the Royal Courts of Justice in…


Liquidator to pay NRL costs as summonses set aside

Anequity principal Andrew Needham. Sydney liquidator Andrew Needham may be ruing the day he consented to act as liquidator of a company with potential claims against the National Rugby League (NRL) in the wake of judgment In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173. On Wednesday NSW Supreme Court judge Kelly Rees ordered that examination summonses issued to NRL chief executive…


Max Brenner: casting vote needed for ex-VA fees

McGrathNicol’s Barry Kogan. BDO’s Andrew Sallway. You have to hand it to former Max Brenner Australia voluntary administrator (VA) Barry Kogan and Kogan has to hand it to the company’s current liquidator, Andrew Sallway. At the most recent meeting of creditors of the insolvent confectioner, which has been in liquidation since October 2018, the McGrathNicol partner was on hand to explain to creditors why they…


VA too late to South Pelagic Holdings hungi

DW Advisory’s Paul Weston. Worrells’ Simon Cathro. Paul Weston probably knew when he accepted the appointment as voluntary administrator (VA) of the Kiwi-controlled South Pelagic Holdings Pty Ltd (receivers and managers appointed) that his tenure could be brief. By the time lawyer Michael O’Neill brought the referral to the now ex-Pitcher Partners‘ partner in December 2019, receivers were installed and winding up proceedings underway. Weston…


Old mates, tax and Texans

Gavin Morton. There’s always potential for things to go a tad awry when your appointor’s an old mate and a tad awry is one way to describe how the liquidation of Screaming Eagle Pty Ltd’s panned out for Gavin Morton. Queensland-based Morton accepted an appointment as liquidator of the company in late 2016 from Screaming Eagle’s then director, Stuart Alan Dreves of Seaforth in Sydney….


McDermott, ATO trade blows over conduct inquiry

Victorian liquidator Ross McDermott. Ross McDermott has been in the wars these last few years and the blood letting isn’t over. In what may turn out to be the penultimate engagement in Mcdermott’s various scraps with statutory authorities since he was hit with a three year suspension from taking appointments in 2016, the Victoria-based liquidator will later this year defend an application for an inquiry…