Litigation

Aerial view of the Burrup Ammonia plant under construction in West Australia.

PPB Fees – Oswal’s expert unwilling to condemn

READ in their entirety, expert witness reports can be turgid affairs. Eye-glazing repetition. Incessant referencing of Acts and Codes. Footnotes even. But when a report’s author is cross-examined in open court and the minutiae of their conclusions surveyed, a more engaging narrative emerges. Barry Raymond Cooke is one such expert. Cooke was engaged by Pankaj Oswal to produce expert witness reports about PPB Advisory’s handling…


Octaviar Limited's liquidator has quietly settled with Fortress

Octaviar liquidators bill $22 mill as Fortress claims settled

ANY insolvency that burns through five liquidators deserves special mention. When tens of millions of dollars – which might have been deployed beefing up creditor dividends – is instead spent pursuing a well-resourced, recalcitrant and foreign domiciled defendant, then the topic which so reliably provokes palpitations must be revisited. Fees and expenses should be kept in the limelight. Like mushrooms, they flourish in the dark….


The Bunyala Road property of bankrupt Robert Coshott to be repossessed by Max Prentice.

Prentice wins possession after Coshott claims dismissed

BANKRUPTCY trustee Max Prentice has won possession of a rambling property in Bunyala Road, Bellevue Hill valued at up to $4 million. On Tuesday, Federal Court Judge Robert Buchanan ordered the large residential home vest with Prentice as trustee for sale. The judge gave the bankrupt, Robert Gilbert Coshott, his wife Ljiljana and their sons James and Michael 42 days to clear out. You can…


Uninvited crash Octaviar’s ex-parte

Katherine Barnet leaving the Supreme Court Photo: iNO Images SUPREME Court Acting Justice Peter Young has spiked the punch at the Octaviar liquidators’ ex-parte party. In a recent judgement the judge criticised liquidators Kate Barnet and Bill Fletcher for a lack of candour, branded Barnet’s performance during cross-examination as “so vague as to be of little value” and rejected the Bentley pair’s attempts to repel…


Burke passes Coshott baton to Prentice

IT was an unusual little meeting at the offices of the Official Trustee in Bankruptcy last month. There were two private trustees present. A third and fourth attended by proxy. And each was vying to take on the trusteeship of the bankrupt estate of Robert Gilbert Coshott. Coshott is a former solicitor who was struck off the roll in 1997. He was bankrupted in 2008…


Bentleys’ Barnet examined on viable voidables

Being cross-examined can’t be fun for any liquidator and Katherine Barnet won’t feel like the one who dodged the bullet after fronting the NSW Supreme Court yesterday. The insolvency specialist and director at Bentleys Corporate Recovery was brought in to talk about failed property investment group Octaviar. She began by getting confused about which of the two witness boxes to occupy. Perhaps the courtroom atmosphere…