Litigation Funding

IP says director an employee – Chubb disagrees

SV Partners’ Darren Vardy. SV Partners director Darren Vardy is neck deep in a stoush with Chubb Insurance Australia Limited over the question of whether a man who was sole director, sole shareholder and lone company secretary of All Class Insurance Brokers was an employee. If he wasn’t that means the more than $2 million sole director Leroy Bowmaker took from All Class’s trust account…


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…


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…


SPL gunning for dVT duo

Approved and funded to pursue: SPL Giles Woodgate. Sydney liquidator Giles Woodgate has won backing to pursue dVT Consulting duo Suelen McCallum and Riad Tayeh for possible breach of contract or negligence. In the matter of ACN 152 546 453 Pty Ltd (Formerly Hemisphere Technologies Pty Ltd (In Liq)) [2020] NSWSC 270 NSW Supreme court judge Arthur Emmett this week agreed to extend Woodgate’s powers…


Related party defendants fail in bid for exclusion

Grant Thornton’s David Hodgson. Grant Thornton’s Andrew Hewitt. Over in the sand groper state Grant Thornton’s David Hodgson and Andrew Hewitt have had some joy as they herd related-party creditors acting like aristocratic cats unwilling to mix with those common moggies in receipt of garden-variety preferences. In David Mark Hodgson as joint and several liquidators of Diploma Construction (WA) Pty Ltd (In LIQ) (Receivers and…


Liquidator to pay NRL costs as summonses set aside

Anequity principal Andrew Needham. Sydney liquidator Andrew Needham may be ruing the day he consented to act as liquidator of a company with potential claims against the National Rugby League (NRL) in the wake of judgment In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173. On Wednesday NSW Supreme Court judge Kelly Rees ordered that examination summonses issued to NRL chief executive…


Familiar old foes behind new HIH claim

Tony McGrath. Jason Preston. If nothing else the last few months have shown that there’s still enough cash left in HIH to attract those adept at throttling a profit from a corporate corpse. This week iNO listened as lawyers for class action plaintiffs came before NSW Supreme Court judge Ashley Black to progress a new claim against HIH for misleading and deceptive conduct. The shareholder…


KordaMentha to appeal Arrium decision

Arrium deed administrator Bryan Webster. It’s not too often that directors of an insolvent entity or group have the external administrators fighting tooth and nail to keep them out of court. This would appear to be the case however after Arrium‘s deed administrators flagged their intention to appeal a recent judgment which has paved the way for a public examination of former director Colin Galbraith….


Craig Walton bankrupt after GPLs examine liquidator

Bentleys’ Tracey Knight. Liquidator Jim Downey Craig Walton, a key figure in one of the most controversial corporate restructures of recent times, has declared bankruptcy a week before the commencement of a trial brought by liquidators chasing the 63 year old for a $1.65 million debt. A search of the National Personal Insolvency Index reveals Craig Hall Walton, unemployed of East Melbourne, declared himself bankrupt…


Liquidator in limbo – what’s with those agreed facts?

KPMG’s Stephen Vaughan. KPMG’s Gayle Dickerson. Back in mid-July liquidator David Iannuzzi was scheduled to endure three days of gruelling questioning in a Federal Court witness box. The examination was to be the start of the penultimate battle in a war of attrition that began back in September 2017 when the Commissioner of Taxation (CoT) filed a 92-page originating process that listed a most egregious…