Referrers

Adjourned first meeting puts replacement VA on hold

JP Downey & Co’s Jim Downey. Hall Chadwick’s Richard Lawrence. A funny thing happened last week. Whoever chaired the first meeting of creditors of Bluechain Pty Ltd adjourned it without creditors voting on the usual resolutions in respect of whether or not to form a committee of inspection and retain or replace the administrators. Inquiries directed to Bluechain’s incumbent appointees did not elicit a reply….


referrer

RL’s links with referrer upset ICON directors

O’Brien Palmer’s Chris Palmer. There’s nothing like being in business with your referrer to get an appointee offside with someone and at least some of those connected to ICON Construction (NSW) Pty Ltd (ICON) were recently in a flap about Chris Palmer. Following the granting of consent orders in the NSW Supreme Court the O’Brien Palmer principal and colleague Liam Bailey replaced ICON administrator Ben…


Receiver resists inquiry into asset sale to appointor

Worrels Partner Simon Cathro. Hell hath no fury like a debtor who sees their assets sold at what they believe is significant undervalue – just ask Worrells partner Simon Cathro who is seeking to have dismissed an application for an inquiry into his conduct as receiver of International Business Corporation (IBC). IBC’s secured lender FC Securities appointed Cathro receiver of IBC and some related entities…


AFP arrests uncover a most helpful director

The AFP arrests this week in respect of yet another Plutus Payroll-style tax evasion scheme prompted iNO to consider, not for the first time, what aspects if any of these recurring scams are facilitated by complicit insolvency practitioners, a negligent regulator or a combination of both. Looking at the names of those arrested, it wasn’t long before our investigations led us instead to a particular…


McGrathNicol trio’s “relevant non-disclosure”

McGrathNicol’s Jason Preston. It wouldn’t do to make too much of the decision of Victorian Supreme Court judicial registrar Ian Irving In the matter of ACN 168 479 614 Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2020] VSC 333 (5 June 2020) but his rulings on disclosure highlight the exacting standards applied to insolvency practitioners seeking to grill directors in the witness box. As…


Circular omission could cost Cor Cordis couple

Emu Group liquidator Andre Lakomy. Cor Cordis partner Alan Walker. When you and your colleague are appointed voluntary administrators (VA) and neglect to send the first circular to the company’s potentially largest creditor, regrettable consequences can follow. For Cor Cordis duo Andre Lakomy and Alan Walker, those consequences have yet to manifest, though it may only be a matter of time before they are ousted…


Abuse of process challenge to VAs’ appointment

Cor Cordis partner Alan Walker. When voluntary administrators are appointed almost six weeks after winding up proceedings are commenced, you can guarantee that those seeking a liquidation will consider attacking the appointment as an abuse of process. Such is the situation Cor Cordis couple Alan Walker and Andre Lakomy have found themselves in after accepting an appointment as VAs of CGA (Aust) Pty Ltd on…


KPMG trio refinance to keep McGrathNicol pair out

KPMG’s Gayle Dickerson. McGrathNicol’s Kathy Sozou. One thing KPMG’s Gayle Dickerson, Tim Mableson and Ryan Eagle did not want as they laboured over McWilliams Wines Group’s (MWG) debt-tainted assets through January and early February was McGrathNicol relieving them of the opportunity to engineer a sale. The KPMG trio were appointed voluntary administrators early in January and are optimistic they can conclude a transaction by July….


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….