VA’s & DoCA’s

VA too late to South Pelagic Holdings hungi

DW Advisory’s Paul Weston. Worrells’ Simon Cathro. Paul Weston probably knew when he accepted the appointment as voluntary administrator (VA) of the Kiwi-controlled South Pelagic Holdings Pty Ltd (receivers and managers appointed) that his tenure could be brief. By the time lawyer Michael O’Neill brought the referral to the now ex-Pitcher Partners‘ partner in December 2019, receivers were installed and winding up proceedings underway. Weston…


BRI pair on the hook for Elevate wages

BRI Ferrier’s Geoff Granger. BRI Ferrier’s Geoff Grainger and Brian Silvia have been forced to pay an unindemnified wages bill for as much as $110,000 after they were dumped last year as administrators of Elevate (NSW) Pty Ltd.   In meeting Minutes obtained by iNO, Granger told Elevate (NSW)’s creditors on May 17, 2019 that there were no funds in the administration due to funds…


Jirsch partner quits Steller VA after vote controversy

Jirsch Sutherland’s Malcolm Howell. Jirsch Sutherland’s Malcolm Howell must be rueing the relaxed attitude that permeates Australia’s holiday season interlude, given if it were not for an overlooked envelope he might still be administrator of ACN 168 479 614 Pty Ltd, formerly known as Steller Developments Pty Ltd. As it is, the Melbourne-based partner has consented to orders made in the NSW Supreme Court last…


Queensland VA fends off challenge over Delta Law

Queensland IP Bill Cotter has been on a wild ride these last few months since being appointed voluntary administrator of Delta Law Pty Ltd, an incorporated legal practice, on August 1. Cotter was first approached on July 16. Referrer James Loel and Delta director Quinton Rozario were interested in discussing a possible appointment as liquidator. In legal proceedings brought by interests seeking to oust Rozario,…


DCoT seeking to oust Jirsch pair

BRI Ferrier’s Andrew Cummings. You know the fates are against you when, in resisting the winding up of a company to which you’ve been appointed voluntary administrator (VA), a court erroneously inserts the names of rivals in orders that apply to yourself. Such was the experience yesterday for Jirsch Sutherland’s Trent Devine and Andrew Spring, who discovered – following inquiries by iNO – that the…


Crinitis – tough market or tougher tax debt?

Crinitis’ VA Graeme Beattie. Worrells’ Graeme Beattie has been careful in his public statements regarding the collapse of the Crinitis restaurant group. He’s reportedly spoken of difficult trading conditions and the closure of poor performing sites to preserve value.  He’s quoted as referring to the possibility that some portion of the business might be salvaged via sale as a going concern or if not a…


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….


Slack solicitors force DoCA rectification

Hall Chadwick’s Cameron Shaw. Hall Chadwick’s Richard Albarran. Hall Chadwick duo Cameron Shaw and Richard Albarran recently sought the court’s urgent indulgence after discovering that a Deed of Company Arrangement (DoCA) in respect of CCS Equipment that they’ve been administering for more than a year was potentially invalid. In RE CCS Equipment Pty Ltd (Subject to Deed of Company Arrangement); ex parte Shaw [2019] WASC…


MRS Services – big bill looming for FEG

dVT’s Riad Tayeh Hermes Capital Director Nick Samios. A claim for more than $5 million could be heading FEG’s way if, as seems likely, ailing Hunter-based mining services firm MRS Services Group is placed into liquidation as per the recommendation of its voluntary administrators (VAs) last Friday at the 2nd meeting of creditors. While the meeting was adjourned to allow Jirsch Sutherland trio Sule Arnautovic,…


DoCA set aside over “material omission”

AS Advisory’s Andrew Schwarz AS Advisory’s Ben Corbin Victorian practitioners Andrew Schwarz and Ben Conrad are in the middle of an administration that will likely evolve into one of those stories liquidators tell each other about the joys of material omissions, and being caught between difficult directors and obstreperous creditors. The yarn – as told in MCCA Asset Management Ltd v Kamata Homes Pty Ltd…