Liquidations

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…


Tahmoor liquidators’ $50 mill carve out upsets secured

McGrathNicol partner Shaun Fraser. McGrathNicol partner Jonathan Henry. As far as stumbling blocks go $50 million’s hard to miss and Shaun Fraser and Jonathan Henry surely anticipated a trip hazard emerging after insisting on a carve out of such proportions from the sale proceeds of the Tahmoor Coal mine south of Sydney. In the NSW Supreme Court on Wednesday lawyers for the McGrathNicol partners arrived…


Tahmoor liquidators summon team Gupta

McGrathNicol partner Shaun Fraser. The security interest shell game Sanjeev Gupta has played with the assets of GFG Alliance was always going to come under scrutiny once one of the group’s entities fell into the hands of independent liquidators with funds. That scrutiny was also always going to include Gupta’s lenders, lawyers and advisors and last month in the Federal Court McGrathNicol’s Shaun Fraser and…


‘Nominal’ director seeks to be heard on winding up

Insolvency Option’s Darren Vardy. BRI Ferrier’s Peter Krejci. Whether it’s Richmond Lifts or the NPC Pooled Group there are times when all the current tax fraud allegations seem to circle the same drain, a sink hole beneath which allegedly lurks accountant Samuel Peter Cassaniti. And as it so happens, one of those times was yesterday morning when an application to wind up Armstrong Scalisi Holdings…


Plethora of Preferences ruling to cut court costs

McGrathNicol partner Kathy Sozou. After replacing David Ross on the liquidation of SSG NSW Pty Ltd in March last year, the McGrathNicol trio of Kathy Sozou, Anthony Connelly and Jamie Harris uncovered a plethora of preferences. But as they recently discovered, that doesn’t have to mean commencing a plethora of proceedings. “At the very least, it is unsatisfactory that costs continue to be expended in…


Octaviar saga far from over

Fort Restructuring co-founder Mark Robinson. After at least a decade of questionable litigation, incessant creditor criticism and a failed ASIC investigation, former Bentleys Corporate Recovery duo Bill Fletcher and Kate Barnet probably thought the tribulations of the Octaviar liquidation were behind them. Their replacement Mark Robinson and his backers have other ideas. In recent months the Fort Restructuring principal has had issued a flurry of…


Gujarat fee deadlock to be broken by court

Guy Baxendale of Baxendale & Associates. It’s almost six years since Sydney practitioner Guy Baxendale was appointed liquidator of Gujurat NRE India Pty Ltd (Gujurat) and despite paying an interim dividend of $4 million he’s yet to see a cent in fees. Major creditor AXIS Bank has seen to that. The Mumbai-headquartered offspring of India’s oldest mutual fund manager, AXIS has resolutely opposed Baxendale’s requests…


Tax cheating contemnor facing indefinite incarceration

Helm Advisory managing director Stephen Hathway. It’s not often a court’s asked to order a tax cheat be imprisoned and not released until they cough up the dough. Maybe that’s a shame? Offenders incarcerated for inflicting bodily harm might benefit from some white collar company, though it’s arguable what good might rub off on those sharing chow and showers with unrepentant tax cheat Nahi Nasri…


Bogus proof helped liquidator resist replacement

Chifley Advisory’s Gavin Moss. When you discover your referrer lodged a bogus proof of debt in the liquidation he’s referred to you, what’s to be done? Delete said referrer from your contacts, or take more drastic action? For the Sydney liquidator who admitted the baseless claim, the nuclear option – abandoning CVL work entirely – was easier than punting the referrer, though that happened too,…


Doctor’s certificate can’t trump examination summons

Helm Advisory managing director Stephen Hathway. If you’re too ill, too delicate and too vulnerable to attend a court to be subject to a public examination, can you really be well enough to discharge your duties as a director? “We do not accept that your client will be unable to attend and give evidence personally or that telling the truth to the court will cause…