Proof of debt

Bias finding unlikely but Judge may remove regardless

Towards the end of the hearing of a liquidator removal application yesterday, the presiding judge mused that whilst he was unlikely to find that GS Andrews Advisory principal Greg Andrews has demonstrated bias as liquidator of Candlebrush Investments Pty Ltd (Candlebrush), he might remove him anyway. The judicial contemplations were uttered by NSW Supreme Court judge Ashley Black after his honour had spent much of…


Liquidators exit after judge declines to remove

Romanis Cant’s Tony Cant. Romans Cant’s Renee Di Carlo. It’s not often that two liquidators fend off efforts to remove them only to resign shortly thereafter but Romanis Cant’s Tony Cant and Renee Di Carlo can boast of being such a pair. Nine months ago Federal Court judge Neil McKerracher refused an application by Sands Contracting Pty Ltd for orders removing Cant and Di Carlo…


Validity issues stalk Adaman VAs

Cor Cordis partner Jeremy Nipps. Cor Cordis partner Barry Wight. Jeremy Nipps and Barry Wight are likely enjoying getting their teeth into an administration of the scale of troubled gold miner Adaman Resources and that includes coping with challenges to the validity of their appointment as well as dealing with assertive creditors seeking intel and assertive directors asserting privilege over that intel. As is detailed…


Language of a colourful kind as rivals clash

Cor Cordis NSW partner Ozem Kassem. Image courtesy Cor Cordis. Daniel Cvitanovic. Image courtesy Worrells. Incendiary language, accusations of insufficient investigations and insinuations around related party proofs – according to its Minutes, the March 10, 2021 meeting of creditors of Ayash Pty Ltd had it all. Steering the meeting towards a vote on a deed of company arrangement (DoCA) that day was Worrells partner Daniel…


Beware the expression of opinions in affidavits

Pitcher Partners’ Andrew Yeo. Andrew Yeo has copped some judicial stick for opinions expressed in an affidavit the Pitcher Partners’ rain maker filed in defence of proceedings brought by Norm Carey, founder of the long since collapsed Westpoint Property Group. In a recent judgment WA Supreme Court Master Craig Sanderson said that Yeo should have kept his views on the legitimacy of Carey’s action to…


FOGO liquidator resisting conflict conniptions

Chifley Advisory’s Gavin Moss Further details of the bid to remove Gavin Moss as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (FBFH) emerged this week when a court ruled on an application to have a subpoena seeking details of communications between Moss, his funder and his funder’s lawyer set aside. The subpoena was issued to Stewart Levitt of Levitt Robinson Solicitors on February 24,…


VA Verney falls on sword at 11th hour

11th hour sword fall – Greyhouse Partners’ Ben Verney. Sydney based insolvency practitioners Chris Palmer and Liam Bailey supplanted Melbourne counterpart Ben Verney late last year after court orders were agreed less than a day before Verney and the creditors wanting him gone were due to put their conflicting arguments before NSW Supreme Court Corporations judge Ashley Black. On Monday December 28, short minutes of…


Proof of debt decisions could cost Victorian a VA

Greyhouse Partners’ Ben Verney. O’Brien Palmer’s Chris Palmer. Victorian practitioner Ben Verney is clinging tenaciously to the administration of Icon Constructions (NSW) Pty Ltd but decisions he made in respect of proofs of debt at the first meeting could see him stripped of the appointment before the year is ended. Lawyers for Owners Corporations (OCs), developers and unit owners claiming for building defects – this…