Voidable Transactions

Liquidator to relinquish casting vote on Tauro offer

Hall Chadwick’s Richard Lawrence. Tauro Capital and Apollo League director Simon Ward. Hall Chadwick Melbourne partner Richard Lawrence will refrain from exercising his casting vote in the event there is a deadlock between creditors prepared to accept Tauro Capital director Simon Ward’s compromise offer and those who want his head. In a report issued to Tauro creditors this week Lawrence said that as a consequence…


Costs order looming over disputed proof of debt

Hall Chadwick’s Ginette Muller. Grant Thornton’s Mike McCann. iNO hears costs north of $50,000 are likely to be ordered against Hall Chadwick’s Ginette Muller and Marcus Watters after they took a tilt in the Supreme court of Queensland at Grant Thornton’s Mike McCann and Said Jahani over a rejected proof of debt. Back in 2018 the Hall Chadwick pair, as liquidators of Rimfire Constructions Pty…


Lethal delay sinks liquidator’s voidables play

PCI Partners’ Stephen Michell. Leaving it till the last day to seek an extension of time in which to consider bringing voidable transaction proceedings has rebounded badly on Melbourne-based liquidator Stephen Michell. Last week the parties who would’ve been the subject of those voidable transaction proceedings – assuming the PCI Partners’ principal launched them – won an appeal in the Supreme Court of Victoria which…


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…


Bankrupt IP’s affairs yield issues of interest

Bankrupt IP Sam Henderson. It probably goes without saying that when a once successful insolvency practitioner is bankrupted and companies he’s been associated with collapse, then the subsequent insolvency appointees might uncover issues of interest. In the case of the recently bankrupted Sam Henderson – who sources insist held a partner-equating status when he was at Jirsch Sutherland – liquidators John McInerney and Phil Campbell-Wilson…


Liquidator succeeds in $150k adverse costs appeal

Vincents’ Nick Combis. Vincents’ Nick Combis has been successful in appealing a decision of the District Court of Queensland requiring him to pay $150k in costs after he had sought to claw back more than $350,000 for creditors of Queensland Quarry Group. The ruling last week in Queensland Quarry Group Pty Ltd (in liq) & Anor v Cosgrove [2019] QCA 220 (18 October 2019) means…


Fair Work Ombudsman redefines DoCA limits

Deloitte’s Neil Cussen. Ex-Deloitte Canberra partner Eddie Senatore. Those familiar with the decision of the Federal Court in Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) [2019] FCA 1601 will know that it has some interesting implications for insolvency practitioners in terms of what claims are and are not extinguished by a DoCA, as well providing lurid and engaging details in…


Solvency reports key in KPMG’s $3.5 mill BBY claim

PCI Partner’s John Melluish. PCI Partners’ John Melluish might soon find himself burning the midnight oil, if such an archaism can still be deployed to describe working long hours, after accepting an 11th hour engagement to prepare solvency reports for tennis legend Ken Rosewall. The octogenarian one time grass court maestro is attempting to fend off efforts to recover almost $3.5 million in payments received…


PKF’s Hancock prevails in curious SPL case

BRI Ferrier’s Andrew Cummins. PKFs’ Trent Hancock. You have to admire the nerve of a director who demands a special purpose liquidator (SPL) stump up $150,000 in security for costs ahead of proceedings brought by the SPL against the director for allegedly stripping his company of assets before executing a phoenix. Such nerve however is on display In the matter of 77738930144 Pty Limited (in…


ATO case against liquidator takes a hit

Brooke Bird’s Robyn Erskine. The Federal Court of Appeal yesterday dismissed an application by North Shore Property Developments (NSPD) liquidator Robyn Erskine in what represents a potential setback for the ATO in its pursuit of Erskine’s predecessor, Sydney liquidator David Iannuzzi. In Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62…