Litigation

Administrators, Corporates, Creditors, Deed Administrators, Litigation, VA's & DoCA's 24 April 2024

Owners Corp seeks to terminate “cram down” DoCA

Is it a cram down or is it not? That’s the question a judge will have decide if proceedings currently afoot in the NSW Supreme Court are not soon resolved. And if the dispute goes to hearing the outcome could see two incumbent deed administrators (DAs) punted, a DoCA terminated and a mid-tier builder wound up. The matter came to iNO’s attention last week when…

Conduct, Creditors, Judgment, Litigation, VA's & DoCA's 23 February 2024

BDO pair punted but avoid the worst

BDO partner Shaun McKinnon. It’s not often that the courts agree to set aside a vote of creditors and terminate a deed of company arrangement but Federal Court judge Roger Derrington did just that yesterday, and the deed administrators punted as a result might think themselves lucky. “In this case, the findings that the DOCA was an abuse of Pt 5.3A, that it was unfairly…

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Litigation

Owners Corp seeks to terminate “cram down” DoCA

Court hears KM trio can’t be DCA ProvLiqs

Liquidator can’t overcome conflicted claims

Liquidator and accountant to face off next month

Subpoena stubbornness raises inquiry risk

Liquidator prevails over entity without a bank account

Compromise refused equals indemnity costs imposed

Deloitte duo’s Callide migraine persisting

Rival IPs bound for court over alleged $150m fraud

BDO pair punted but avoid the worst