Litigation

Liquidator wins interest fight with former partner

Steve Kugel of The Insolvency Experts. CRS Warner principal Anthony Warner The agonies attending when a partnership split is endlessly litigated have been on full display in this saga of friendship lost and the latest judgment in the case represents another unwelcome suppository for the liquidator on the losing end. As iNO’s previously reported, liquidators and former friends Steve Kugel and Anthony Warner have been…


It’s a liquidator’s prerogative to change their mind

Liquidator Tony Cant. Liquidator Craig Bolwell. Hopefully there’s no hard feelings after a judge this week rejected an appeal in respect of a lengthy proof of debt dispute involving two Victorian liquidators. “In any event, there is nothing in the evidence to suggest the defendant’s later adjudication was made capriciously, in bad faith or without proper regard to the relevant facts and law.” Associate Justice…


Law firm sued after asking CBA to appoint receivers

Cor Cordis partner Sam Kaso. Beware the company director who emerges restored to competency after a stint in a psychiatric institution. That’s the lesson one law firm is learning in the Supreme Court of Victoria. Of course, said law firm is doing all it can to persuade the court that the lesson is not its to learn, and that the director seeking to impose it…


Old Chadwickian off the hook after 17 years

Hall Chadwick’s Richard Albarran. Etienne Lawyers Steven Brown. A judge of the NSW Supreme Court yesterday delivered the coup de grace to long standing allegations of dishonesty and breaches of duty by a lawyers and a liquidator, thus bringing to an end a saga that’s hung over the heads of certain Hall Chadwick Sydney members past and present since 2006. “Mr Salmon is plainly aggrieved…


Liquidators, receivers in tug of war over $20 million

DV Recovery Management’s Daniel O’Brien. Oracle Insolvency Services’ Nick Cooper. With the fate of $20 million in a solicitor’s trust account uncertain and three sets of insolvency practitioners on the clock, who could fault any for contemplating liens? Certainly not iNO, who was roused from inattention during last Monday’s Corporation Lists in the NSW Supreme Court by barrister Ingrid King telling Justice Ashley Black that…


Examinations raise questions about All Smiles DIRRI

Deloitte’s Luci Palaghia. Deloitte’s Tim Heenan. When it comes to making disclosures to demonstrate independence, possessing intimate knowledge about a corporation’s affairs can create problems, as would seem to be the case following further revelations about the collapse of the All Smiles dental chain. Acquiring all that knowledge can’t be achieved without a lot of involvement and for those insolvency practitioners registered to take on…


Lawyer sought info from liquidator pre-appointment

Allens partner Phil Blaxill. WLP Restructuring’s Glenn Livingstone. Liquidators receiving letters from a lawyer asking for this or that is no rare thing, but when such a letter specifies information relating to companies to which the liquidator has never been appointed well, that ain’t so common. What is common though is the try on, and the correspondence Glenn Livingstone and Scott Pascoe received on September…


Trustee cops costs order after injunction denied

Oracle Advisory founder Nick Cooper. No trustee likes to have their hand forced but when the consequences of a coerced injunction application include an adverse costs order well, we bet nobody tells aspiring trustees there’ll be days like these, as the late John Lennon lamented. “I am not satisfied, however, that the Trustee proposes to enter into a contract of sale if an injunction is…


 Liquidator’s defence “sharp” and “artificial”

Cor Cordis’s Jeremy Nipps. What’s the world come to when a dispenser of justice prefers the evidence of a recruitment consultant over that of a registered liquidator? End of times is what. Probity. Integrity. Acting at times as officers of the court. Liquidators are rightly held to a high standard. The reputation of recruitment consultants meanwhile has journalists and lawyers hastening to stand by their…


Queensland Revenue Office attacks Comlek DoCA

Wexted Advisors partner Andrew McCabe. Wexted Advisors founder and principal Joe Hayes. Wexted Advisors’ Andrew McCabe knew he was in a difficult position back in January when he came to chair the second meeting of creditors of the Comlek Group. As the largest single creditor with a claim in excess of $9 million the Queensland Revenue Office (QRO) had already made it clear to McCabe…