Litigation

Law firm invokes “self-incrimination” in privilege biff

BRI Ferrier’s Peter Krejci.Not surprisingly, liquidator Peter Krejci has encountered stiff resistance as he battles to obtain books and records seized during a raid on a small Sydney law firm and an associated accountancy practice last month.The raid was undertaken by representatives from Bridges Lawyers, the firm engaged to act as an independent lawyer after Krejci obtained Anton Pillar orders to search the premises of…


“unacceptable provision” an independence threat

SV Partners’ Jason Porter.A bid to restrain Dentons from acting simultaneously for a creditor and a liquidator inadvertently led this week to the exposing of an independence-quelling clause in a funding agreement.In the NSW Supreme Court on Monday judge Ashley Black was hearing an application brought by GR Capital director Ms Lan Liu seeking to have Dentons restrained from acting for SV Partners executive director…


Axed administrator could sue referrer

Hall Chadwick partner Blair Pleash.Lynch Meyer’s James Neate.One of the key features to emerge from the recent Federal Court decision in Patel v Pleash [2025] FCA 77 is how eager Hall Chadwick partner Blair Pleash had been to win referral work from iLend Capital, the lender that appointed Pleash as administrator of Jubilee Infrastructure back on December 2, 2022.On December 16, 2022 the court ordered…


Axed administrator appointed for improper purpose

Hall Chadwick partner Blair Pleash.It’s only early but details recently released may represent the most egregious example of an administrator turning a blind eye that we’ll see all year.“I am conscious of the gravity of concluding that I do not accept Mr Pleash’s evidence given his status as a registered liquidator. Affording due weight to the contemporaneous documents, I have concluded that Mr Pleash primarily…


Keybridge VA was a creditor until January

Lowe Lippmann partner Gideon Rathner.Being hit with a claim on your indemnity just three days into a job might be some kind of record but Melbourne liquidator Gideon Rathner knew what he was getting into when he consented to being appointed administrator of ASX-listed Keybridge Capital Limited (KBC) last Sunday.“Rather than pursue the Low Lippmann Claim, I relied upon an irrevocable authority previously provided by…


VA may be rapidly ousted from Keybridge war zone

Lowe Lippmann partner Gideon Rathner.We’d like to know how many insolvency practitioners have been approached to act in some capacity at the strife-torn Keybridge Capital Limited (Keybridge) over the years but for the shareholders fighting for control of the investment minnow, all that matters is who consented.Around midday on Monday Lowe Lippman’s Gideon Rathner was appointed voluntary administrator (VA) of Keybridge, hours before a general…


Babcock liquidator’s patience dissipates

Deloitte’s David Lombe.Late last year Deloitte special principal David Lombe won yet another legal action involving Bookarelli, the obscure litigation funder that for years has induced punters to assign their rights as shareholders of Babcock & Brown Limited (B&B) so it can run cases based on allegations including that B&B failed to disclose material information to the Australian Securities Exchange (ASX) at the time the…


Court removes receiver ab initio

Mackay Goodwin’s director of insolvency operations Mitchell Ball.The NSW Supreme Court didn’t deliver the Christmas present one Sydney insolvency practitioner wanted late last year, although declining to impose an adverse costs order could be construed as such.“There is also no evidentiary basis for the Court to make orders only with future effect, so as to immunise Mr Ball, in advance, from any claims against him.” Justice Ashley Black.In a…


Deed administrators’ lien survives winding up

BDO partner Shaun McKinnon.BDO’s Andrew FieldingLiens it seems are durable beasts, not to be easily dissolved by liquidation which begs the question was there ever any chance that the former deed administrators (DAs) of the contentious Project Sea Dragon Pty Ltd DoCA would be denied their costs when the whiffy saga was at last laid to rest?Certainly with no objection from the other parties, including…


Improper purpose argument fails to derail examinations

BRI Ferrier’s Peter Krejci. A liquidator being funded by the Commissioner of Taxation (CoT) has defeated an attempt to derail public examinations by respondents who argued that the liquidator’s true purpose was to investigate their tax affairs as opposed to the relevant companies’ examinable affairs.“I do not accept that there was an arguable case as to an improper purpose based on the various inferences that the applicants invited me…