Liquidators

Bid to halt conduct inquiry fails

Veritas Advisory principal David Iannuzzi. The Federal Court has dismissed an application for leave to appeal orders for a judicial inquiry into the conduct of Sydney liquidator David Iannuzzi. Last week three judges of the Federal Court of Appeal ruled that none of the submissions made by Iannuzzi’s legal representatives had persuaded them that in ordering an inquiry into Iannuzzi’s conduct last year, Federal Court…


Referrer role confers no immunity

Cor Cordis partner Mark Hutchins. It can’t be too often that an insolvency practitioner is responsible for the laying of criminal charges against his or her own referrer, but the resume of Cor Cordis partner Mark Hutchins now boasts this curious distinction. This follows the news that a company director and two pre-insolvency advisors appeared in the Brisbane Magistrates Court last week on charges including…


ASIC follows AFSA’s lead in deputising profession

Deregistered Trustee David John Leigh. Don’t you love this initiative by the regulators to make registered practitioners responsible if a disgraced ex-trustee or liquidator weedles their way back into the game? The thought occurred to INO following Wednesday’s announcement by ASIC in regards to David John Leigh, the former PPB Advisory partner who misappropriated $800,000 from a liquidation account between July and November in 2017. The committee…


Yeo the man for ATO

Pitcher Partners’ Andrew Yeo. Pitcher Partners’ Andrew Yeo is proving that unfortunate findings about negligent and deceptive conduct by distant colleagues have not damaged his mutually beneficial relationship with the Australian Tax Office. In: McDermott and Potts in their capacities as joint and several liquidators Of Lonnex Pty Ltd (in liquidation) (Acn 097 786 751) [2019] VSCA 23 (19 February 2019) Melbourne-baed Yeo emerges yet…


Casting vote error not enough to replace liq.

Hall Chadwick’s Steve Gladman. Hall Chadwick’s Steve Gladman might be feeling more than a little relieved following the verdict of NSW Supreme Court judge Kelly Rees In the matter of Glenfyne Farms International AU Pty Ltd (in liquidation); In the matter of GI Commercial Pty Ltd [2019] NSWSC 161. On Wednesday the judge dismissed an application that if successful would’ve seen Gladman relinquish the role…


Liquidator replaced – conduct to be reviewed

Mackay Goodwin principal Domenic Calabretta. Image courtesy Mackay Goodwin. Domenic Calabretta’s handling of the Condura Pty Ltd MVL and CVL will be reviewed after a court ordered that the Sydney liquidator be replaced by Ferrier Hodgson’s Robyn Duggan. Calabretta was appointed liquidator of Condura via a members voluntary liquidation (MVL) back in December 2017. By August 2018 the MVL had become a creditors voluntary liquidation…


Casting vote challenged after creditors reject 100c/$

Hall Chadwick’s Steve Gladman. Steve Gladman’s decision to use his casting vote to defeat a resolution to replace him has been challenged in the courts. On Monday the NSW Supreme Court heard that at the second meeting of creditors of Glenfyne Farms International AU Pty Ltd (GFIAU), voting on a resolution to replace Gladman with SV Partners’ Jason Porter and Fabian Micheletto was deadlocked after a poll….


Court wallops liquidators over $5.8 million in fees

Fees excessive – Liquidator John Sheahan. Remuneration is a topic never far from the frontal lobe of INO’s audience and thanks to liquidators John Sheahan and Ian Lock and Federal Court judge Tony Besanko, 2019 has started with a decision guaranteed to get synapses firing. On Monday Justice Besanko delivered his judgment in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No…


2nd Quarter stats reveal top three contenders

There’s a plenty of detail in Grow Advisors’ latest insolvency analytics about who’s leading, who holding their place and who’s lost ground in the 2nd Quarter of the 2018/19 financial year. The analysis – compiled using publicly available data on external administrations (EXADS) – shows that nationally Worrells remains the front runner after locking in a total of 157 appointments between October 1, 2018 and…


Commonwealth moves to clip liquidator

Mackay Goodwin’s Domenic Calabretta looks to have failed in his efforts to dissuade the FEG police from removing him as liquidator of Condura Pty Ltd. Last week the Federal Court heard the commencement of an application by the Commonwealth seeking to have Ferrier Hodgson’s Robyn Duggan replace Calabretta on the controversial appointment, which began on December 6, 2017 when Calabretta was appointed via a members…