Hall Chadwick pair facing replacement bid

Nicholas Wollinski and Roberto Crispino of Hall Chadwick are defending proceedings in the NSW Supreme Court brought by a plaintiff who wants someone else to deal with the assets of the trust underlying 1A Eden Pty Ltd.

In the NSW Supreme Court on Monday the court heard from a plaintiff being advised by lawyer Peter Heggarty.

Heggarty’s client wants Wollinski and Crispino removed as liquidators of the trustee company on the basis of unspecified allegations as to conduct.

If the removal application is unsuccessful the plaintiff’s plan B is to ask the court to order the appointment of a special purpose receiver.

The applications come as Wollinski and Crispino pursue their own receiver appointments to enable them deal with the trust assets, which comprise apartments in the troubled “Rigel” mixed use high-rise development in North Sydney.

In September 2023 1A Eden Pty Ltd was issued with a Prohibition Order under Section 9 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 after the Office of the NSW Building Commissioner conducted an inspection which revealed that at least two of the six serviced apartments had been sold as residential units and that at least two other serviced apartments were being advertised for sale as residential units without an occupation certificate.

On the same day a purchaser provided a copy of their Contract of Sale which revealed that the serviced apartments had been sold as a “Home unit”.

In addition, an inspection carried out by the NSW Building Commissioner on September 1, 2023 identified serious defects which attracted a Building Work Rectification Order (BWRO).

The nature of the liquidators’ conduct complained about is currently unclear with the court’s orders yet to be entered on Justice Link.

Crispino and Wollinski did have to issue a replacement DIRRI in April to advise creditors that the referral came from shareholder Joe Sleiman in February 2024 when Wollinski was at O’Brien Palmer, not from Sleiman to Wollinski on February 12, 2025.

That alone is unlikely to persuade a court that the pair should be replaced.

Judge’s are well aware of the costs incurred and fees generated in the early stages of external administrations and are generally loath to make orders which facilitate duplication.

The plaintiffs will need more than that to satisfy NSW Supreme Court corporations judge Ashley Black and iNO will update when more detail about the conduct alleged to justify removing the Hall Chadwick pair is made available.