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Liquidators

Conflict, Creditors, Independence, Lawyers, Liquidators, Litigation, Preferences, ProvLiqs, Receivers, Voidable Transactions 19 April 2024

Court hears KM trio can’t be DCA ProvLiqs

KordaMentha’s Scott Langdon. KordaMentha partner Jennifer Nettleton. The Federal Court has heard that three KordaMentha partners are in breach of the Corporations Act (The Act) because they consented to be appointed as provisional liquidators (ProvLiqs) of companies, the property of which they already controlled as receiver managers. Acting for a group of investor/creditors of DCA Capital Pty Ltd . . . Restricted Content Dear Reader,…

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Corporates, Costs, Directors, Judgment, Lawyers, Liquidators, Litigation, Receivers 13 March 2024

Liquidator prevails over entity without a bank account

DV Recovery Management’s Daniel O’Brien. It’s tough to argue that a company isn’t impecunious when it doesn’t have a bank account. Just ask the Sydney barrister who turned up to advocate for this proposition before NSW Supreme Court corporations judge Ashley Black on Monday. The barrister – Daniel Krochmalik of 3 St James – has had plenty of experience and some success before Black J…