KPMG’s Martin Jones. KPMG’s Andrew Smith. There’s an intriguing stoush simmering away in Fortress West Australia where the corporate regulator has urgently intervened in an application by two KPMG restructuring partners in respect of remuneration. The fun began on February 1, 2019 when then Ferrier Hodgson Perth partner and liquidator Martin Jones filed an originating process and supporting documentation with the West Australian Supreme Court. …
Cullen Group Australia Liquidator Michael Caspaney. Menzies Advisory’s Michael Caspaney must have days when he wonders if providing that consent to act as replacement liquidator on Cullen Group Australia Pty Ltd (CGA) almost four years go was a good idea, and iNO suspects that another such day approaches. Caspaney has been at odds with members of CGA’s Committee of Inspection (COI) and the general pool…
AICM CEO Nick Pilavidis. Sources close to Government deliberations around how to cope with the tsunami of insolvencies anticipated once fiscal support ends have told iNO measures to restrain liquidators from pursuing preferences are under active consideration. “A lot of stakeholders are seeking to have unfair preferences suspended, the AICM for example,” a source said in response to iNO’s enquiries about options the government could…
Cor Cordis Melbourne partner Bruno Secatore. Cor Cordis Brisbane partner Matt Joiner. Rebellion is all the rage at the moment, and not just on the streets. Creditors hellbent on blame seem more inclined to assert their rights in the current atmosphere of tumult and doubt, including the right to try and dislodge incumbent appointees, as a pair of Cor Cordis partners found this week. Matt…
Pitcher Partners’ Gess Rambaldi. Pitcher Partners’ Andrew Yeo. Pitchers Partners’ Andrew Yeo and Gess Rambaldi have extricated an unlikely victory over the Deputy Comissioner of Taxation (DCoT) in respect of payments made by a company subject to a deed of company arrangement (DoCA). As is revealed in Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation [2020]…
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…
Vincents’ Nick Combis. Vincents’ Nick Combis has been successful in appealing a decision of the District Court of Queensland requiring him to pay $150k in costs after he had sought to claw back more than $350,000 for creditors of Queensland Quarry Group. The ruling last week in Queensland Quarry Group Pty Ltd (in liq) & Anor v Cosgrove [2019] QCA 220 (18 October 2019) means…
BBY liquidator Stephen Vaughan. The brain-contorting complexity of the BBY Limited liquidation is back on display after liquidators Stephen Vaughan and Ian Hall sought to retreat to a simpler regime for the recovery of costs. The simpler regime was first put in place in 2015 by Justice Paul Brereton, who has since fled to the Court of Appeal. At the time the regime was seen…
BRI Ferrier’s Andrew Cummins. PKFs’ Trent Hancock. You have to admire the nerve of a director who demands a special purpose liquidator (SPL) stump up $150,000 in security for costs ahead of proceedings brought by the SPL against the director for allegedly stripping his company of assets before executing a phoenix. Such nerve however is on display In the matter of 77738930144 Pty Limited (in…
O’Brien Palmer’s Chris Palmer. Legal advice and void dispositions will shortly be on the mind of O’Brien Palmer’s Chris Palmer following the decision of NSW Supreme Court judge Kelly Rees In the matter of Skypac Aviation Pty Ltd (in liquidation) [2019] NSWSC 291. Palmer was appointed liquidator of Skypac by order of the court on November 19, 2015 following the commencement of winding up proceedings…