Referrers

Win over notice to produce not end for embattled IP

Chifley Advisory’s Gavin Moss.The Federal Court this week granted a liquidator’s application to have a notice to produce set aside and ordered the issuer to pay indemnity costs. Then the court reapplied the acid via discovery.In setting aside the notice to produce the court also granted the issuer discovery, so the liquidator will still have to divulge much, though not all of the material the…

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Indemnity conditional on unlikely recovery finding

O’Brien Palmer’s Liam Bailey.Christmas spirit was in limited supply at the meeting of creditors of bankrupt builder Tony Saaib late last year, and that’s perhaps understandable. Convened on December 23, 2022 creditors had assembled to consider just one resolution. The removal of the trustee of Saaib’s bankrupt estate and his replacement with rivals joint and several. “I advise that the Indemnity is not payable unless,…