Liquidators

HIH keeps on keeping on as McGrath signs off

Tony McGrath. McGrathNicol Partner Kathy Sozou. “You only get one HIH in a lifetime of liquidations” insolvency veteran Tony McGrath might by moved to say as he finalises one of, if not the last of his formal insolvency appointments in pursuit of life as consultant, expert witness and independent company director. The imagined comment – fashioned from the late Kerry Francis Bullmore Packer’s famous quip…


Liquidator overturns breach of fiduciary duty finding

CRS Warner principal Anthony Warner Insolvency Experts’ principal Steve Kugel. Sydney liquidator Anthony Warner has had a partial but important win this week in his marathon dust up with former business partner and liquidator Steve Kugel. In Warner Capital Pty Ltd v Shazbot Pty Ltd [2020] NSWCA 121 three judges of the NSW Supreme Court’s Court of Appeal on Wednesday overturned the decision of Justice…


Ex-Jirsch partner tricked brother into signing cheques

Amanda Young. Former Jirsch Sutherland partner Amanda Young allegedly tricked her brother into signing cheques drawn on a liquidation account then deposited the funds into three of her personal credit card accounts, a disciplinary committee has found. Young allegedly deceived her older brother, Jirsch Sutherland partner Sule Arnautovic, by presenting him with multiple cheques to sign in his capacity as liquidator of the St Gregory’s…


ATO-backed liquidators cede case to Family Court

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Gess Rambaldi. They may not be overly bothered but Pitcher Partners’s Andrew Yeo and Gess Rambaldi have had to relinquish a case involving accused phoenix mastermind Phil Whiteman and his de facto wives. The pair have been pursuing recovery of the proceeds of sale of residential properties located in Balaclava, Elwood and Port Melbourne, Victoria. As the liquidators of…


Liquidator to relinquish casting vote on Tauro offer

Hall Chadwick’s Richard Lawrence. Tauro Capital and Apollo League director Simon Ward. Hall Chadwick Melbourne partner Richard Lawrence will refrain from exercising his casting vote in the event there is a deadlock between creditors prepared to accept Tauro Capital director Simon Ward’s compromise offer and those who want his head. In a report issued to Tauro creditors this week Lawrence said that as a consequence…


FOGO liquidator experiencing FOBBO

Chifley Advisory’s Gavin Moss Chifley Advisory’s Gavin Moss is grappling with a bout of FOBBO (Fear of being booted out) after his appointor commenced proceedings to have him removed. Moss and former Chifley colleague Henry Kwok (now at Pathway Insolvency and Advisory) were appointed voluntary administrators (VAs) of FOGO Brazilia Franchise Holdings (FBFH) in early 2018 by director and Rebel Sports co-founder Ian Dresner. The…


Liquidator avoids restraint as creditor seeks injunction

Sydney liquidator Steve Nicols will have a tale to tell once orders stemming from the decisions of Justice Stephen Robb in Molenaar v Nicols [2020] NSWSC 674 surface, most likely next week. This is a case where the court’s been asked to resolve vexed questions about the extent to which its powers can be used to restrain a liquidator in administering an insolvent entity’s affairs…


KPMG partner’s insistence “disappointing”: QNI Judge

KPMG’s Peter Gothard. Whilst the real pain of Wednesday’s judgment in Parbery & Ors v QNI Metals Pty Ltd & Ors [2020] QSC 143 will be felt by QNI’s general purpose liquidators (GPL) FTI Holdings, Queensland Supreme Court judge Debra Mullins didn’t pull any punches when it came to a couple of elements of the testimony of KPMG partner Peter Gothard. Gothard had been brought…


Cor Cordis boss to pay Last Lap costs personally

Cor Cordis Melbourne partner Bruno Secatore. The 28 plus year long liquidation of Last Lap Pty Ltd makes one wonder just how many insolvency practitioners will get to take a lap around this seemingly eternal liquidation, but for the moment we’ll focus on the incumbent, Bruno Secatore. Last week the Federal Court handed down its decision in Secatore, in the matter of Last Lap Pty…


Receiver and liquidator amiably at odds over chose

Duff & Phelps’ Marcus Ayres. BDO’s Andrew Sallway. It’s not quite a choses in action at 10 paces but a receiver and a liquidator have agreed that no debt proof adjudication will resolve this particular brouhaha. The dispute involves related entities Business Finance Pty Ltd and Partner Invest, which the NSW Supreme Court yesterday heard were in the non-bank lending space. “… he is a…