Public Examinations

Cor Cordis pair repels replacement bid

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…


Liquidator to pay NRL costs as summonses set aside

Anequity principal Andrew Needham. Sydney liquidator Andrew Needham may be ruing the day he consented to act as liquidator of a company with potential claims against the National Rugby League (NRL) in the wake of judgment In the matter of Newheadspace Pty Limited (in liq) [2020] NSWSC 173. On Wednesday NSW Supreme Court judge Kelly Rees ordered that examination summonses issued to NRL chief executive…


Old mates, tax and Texans

Gavin Morton. There’s always potential for things to go a tad awry when your appointor’s an old mate and a tad awry is one way to describe how the liquidation of Screaming Eagle Pty Ltd’s panned out for Gavin Morton. Queensland-based Morton accepted an appointment as liquidator of the company in late 2016 from Screaming Eagle’s then director, Stuart Alan Dreves of Seaforth in Sydney….


Plutus paupers notch up fourth indemnity agreement

Deloitte’s Tim Norman. Plutus Payroll Australia (PPA) liquidators Deloitte’s Tim Norman and Sal Algeri seem to be inching closer to a point when they can apply the blowtorch to various individuals connected with this most notorious of tax-skimming scandals but given the assetless state of the entities to which they are appointed, getting there is costing a bomb. In the NSW Supreme court yesterday, lawyers…


Liquidator replaced after admitting related party debt

PKF’s Brad Tonks. The admission of a related party debt appears to have been sufficient for a court to agree to replace an incumbent liquidator with an applicant creditor’s preferred appointee. In the matter of Hawkesbury House Pty Limited (in liquidation) [2019] NSWSC 1673 NSW Supreme Court judge Ashley Black made orders replacing liquidator Adam Farnsworth with PKF’s Brad Tonks. This was on the application…


KordaMentha to appeal Arrium decision

Arrium deed administrator Bryan Webster. It’s not too often that directors of an insolvent entity or group have the external administrators fighting tooth and nail to keep them out of court. This would appear to be the case however after Arrium‘s deed administrators flagged their intention to appeal a recent judgment which has paved the way for a public examination of former director Colin Galbraith….


Amos

Liquidator Amos examined by PwC pair

Liquidator Peter Amos (L) leaving the NSW Supreme court with his lawyer Keiran Breckenridge. There were awkward moments in the witness box for Peter Amos last week as he responded to questioning about his time as voluntary administrator (VA) of All City Recycling. Amos got the gig as VA in September 2018 but by December had been replaced upon the application of a creditor. The…


Liquidator in limbo – what’s with those agreed facts?

KPMG’s Stephen Vaughan. KPMG’s Gayle Dickerson. Back in mid-July liquidator David Iannuzzi was scheduled to endure three days of gruelling questioning in a Federal Court witness box. The examination was to be the start of the penultimate battle in a war of attrition that began back in September 2017 when the Commissioner of Taxation (CoT) filed a 92-page originating process that listed a most egregious…


Accidental deregistration costs embattled IP $10k

Amos Insolvency’s Peter Amos. Last week iNO revealed that Peter Amos was one of two liquidators being subjected to the scrutiny of an external reviewing liquidator (RevLiq) from ASIC’s panel. This week we learned that it’s not just an ASIC-backed RevLiq that has questions for the south-west Sydney-based IP. During a hearing in the Federal Court on Wednesday we heard how PwC’s redoubtable Scott duo…


Kordas resisting shareholder move on Arrium boss

Squire Patton Boggs’ Amanda Banton. An interesting stoush has broken out between Arrium deed administrators (DAs) KordaMentha and Arrium shareholders seeking to publicly examine former director Colin Galbraith. Back in May a Registrar of the NSW Supreme Court issued an examination summons to Galbraith on the application of two shareholders represented by Amanda Banton from Squire Patton Boggs (SPB). Banton’s involvement indicates there’s likely a…