Liquidators

Insurer funds IP’s legals in defence and cross claim

BRI Ferrier’s David Coyne. It’s not every day a liquidator gets their legal expenses for both the defence of a claim and pursuit of a cross-claim paid for by the applicant and respondent on the other side of the dispute, but BRI Ferrier Victoria boss David Coyne currently occupies this happy place, courtesy of QBE. The uncommon state of affairs came to iNO’s attention whilst…


Liquidator eyes $800k, receivers eye conduct inquiry

PwC’s Andrew Scott. KordaMentha partner Kate Conneely. PwC’s Andy Scott is looking at this point the only obvious winner among the parties scrimmaging over a $2.28 million pot of excess cash Scott has generated in his role as liquidator of Parkway One Pty Ltd and receiver manager of the Parkway One Unit Trust. The other parties – those asserting to be lenders with secured interests…


Court punts Worrells pair who agreed to 11th hour VA

Worrells Con Kokkinos. Worrells Matthew Kucianski. The recent judgment of Victorian Judicial Registrar Ian Irving in EAD Concepts Pty Ltd (admin apptd) [2021] VSC 227 (28 April 2021) makes for instructive reading in respect of the court’s views on winding up versus voluntary administration (VA), and there’s entertaining detail around IP rivalry prompting iNO to wonder which Melbourne-based IPs haven’t had a drink out Melbourne…


Judge moved to critique liquidator’s expert testimony

Hall Chadwick’s Blair Pleash. Liquidator David Ross. Following the delivery of judgment in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 lawyers across the land will be pondering how they can avoid having Justice John Reeves anywhere near their applications in respect of alleged uncommercial, unreasonable and insolvent transactions. How to insulate expert witnesses will…


Accused phoenix tsar facing committal over not much

Philip Damien Whiteman. Photo courtesy ABC News. It’s been some time coming but accused tax fraud mastermind Philip Damien Whiteman this week finally had a day in court in relation to allegations of illegal “phoenix” activity. On Monday the 62 year old “pre-insolvency service provider” from Port Melbourne was charged in the County Court of Victoria with nine offences of dishonestly causing a loss to…


Fee deal evaporates as judge refuses to terminate

Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…


Liquidator queried skinny surplus from Westpac

Jones Partners’ Michael Jones. Liquidator Michael Jones was quick to hose down suggestions of a dispute with Westpac subsidiary Capital Finance after iNO contacted the Jones Partners principal in relation to an application this week in the NSW Supreme Court. iNO’s queries related to orders declaring that a $25,000 surplus Capital Finance generated via the sale of secured assets vested with Jones in his capacity…


Derailed insolvent trading case burns Pitchers pair

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. There must’ve been some choice words in the offices of Pitcher Partners Melbourne after a court refused Andrew Yeo and Gess Rambaldi’s application for judicial indulgence in respect of the late submission of evidence critical to a $6 million plus claim for insolvent trading against Simon Freeman of LGL Commodities. Those choice words however remain unpublished, whereas…


Severe reprimand and immaterial fine for liquidator

Aston Chace co-founder Steve Naidenov. Liquidator and CPA Australia (CPAA) member Steve Naidenov was left licking his paper cuts recently after CPAA’s Disciplinary Tribunal smote him with what passes for wrath in the age of safe spaces. A reprimand – category severe – and $2000 in fines is what the Aston Chace co-founder incurred in respect of complaints whose origins harken back to when he…


ProvLiqs appointed VAs but denied scope to tender

Hall Chadwick’s Richard Albarran. Hall Chadwick’s Richard Lawrence. Hall Chadwick’s Richard Albarran and Richard Lawrence have had to settle for a more than usually restrained role as administrators after Victorian Supreme Court Judge Jim Delany restrained them from conducting any tender or sale process of the assets of Bluechain Pty Ltd. Albarran and Lawrence were appointed provisional liquidators of the company in February following an…