Liquidations

Hall Chadwick duo backing controversial compromise

Hall Chadwick’s Richard Lawrence. Every pandemic has a silver lining and Hall Chadwick’s Richard Lawrence and Richard Albarran may see an advantage in the fact that meetings are being held remotely as they prepare to put a controversial debt compromise to creditors of failed start-up accelerator Tauro Capital. Since their appointment Lawrence has identified almost $1.6 million borrowed from Tauro by sole director Simon Ward…


Parbery’s progress a pathway for GPLs?

KPMG’s Steve Parbery. “At long last my work here is done”. With such words might Steve Parbery have filed his Form 505 last week, formalising completion of his role as special purpose liquidator (SPL) of Queensland Nickel (QN). In practice, Parbery’s role ended in August last year after he secured a settlement with Clive Palmer, the colourful minerals identity who controls QN’s Yabulu nickel refinery…


Liqs defeat tax office to recover DoCA payments

Pitcher Partners’ Gess Rambaldi. Pitcher Partners’ Andrew Yeo. Pitchers Partners’ Andrew Yeo and Gess Rambaldi have extricated an unlikely victory over the Deputy Comissioner of Taxation (DCoT) in respect of payments made by a company subject to a deed of company arrangement (DoCA). As is revealed in Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020]…


KPMG partner pushes privilege envelope

KPMG’s Peter Gothard. KPMG’s Peter Gothard has helped push a court to explicitly define the powers of liquidators in respect of claims of legal professional privilege and the outcome will not have pleased the non-executive directors (NEDs) of failed education provider Vocation Limited. In Whittenbury v Vocation Limited (No 2) [2020] FCA 653 Federal Court judge John Middleton last week ruled that Vocation’s NEDs have…


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…