Bryan Hughes.
Jennifer Low’s tenacious pursuit of insolvent trading claims against the directors of Titan Interactive Pty Ltd – these days known as ACN 116 313 921 Pty Ltd – continues to grind forward with a judgment delivered in the Federal Court last week resolving questions about how Low and her lawyers might mount a claim for damages against the company’s advisors.
In Low (Liquidator) v Hughes (No 2) [2026] FCA 71 Federal Court judge Sam Vandongen delivered judgment on a separate question issue raised by Pitcher Partners WA Pty Ltd (PPWA) and Pitcher Partners Accountants & Advisors WA Pty Ltd (PPAAWA) in mid 2025 in their capacities as the fifth and sixth defendants in the proceedings.
The judge found that Low couldn’t be granted any of the relief against the Pitcher Parties as outlined in paragraphs 5 to 10 of her December 1, 2023 amended originating process.
The facts alleged in her further amended statement of claim filed on 19 February 2025 however tell a story that if verified, would allow Low’s lawyers and counsel potentially to brings claims for accessorial liability against PPWA and PPAAWA in this most egregious example of taxation non-compliance by a company, which since 2011 has included senior Pitchers partner Bryan Hughes as a director.
We wonder if Hughes is still comfortable with his decision to refer the job to Low and her firm Sheridans back in 2018?
Hughes parted company with Pitcher Partners in February 2024 after two decades, which included seven years as executive chair but Low and her funders from the FEG litigation and recovery division believe the Pitchers’ accountants and their bosses – engaged to provide taxation and accounting services to Titan in exchange for generous fees – have a case to answer.
Given Titan entered into at least 20 payment arrangements with the ATO over time, it’s hard to think otherwise?
iNO’s mail is that Low and her backers are eager for a trial date and so is iNO given it’s likely to shed light on how this company managed to keep afloat, one nostril above water, for so long without any of its advisors sitting the directors down for a serious talk.
Illumination is also required to understand what kind of tone Hughes, as a director of Titan, took with the accountants at Pitchers servicing Titan as a client in circumstances where he was also Pitcher’s executive chair.
Tens of thousands of pages of evidence has been produced by the parties via the discovery process so we can expect exchanges between the Titan board and the partners in Pitchers accounting and tax divisions to be delightfully enlightening. But of course, Pitchers insurers could always decide to spoil the fun by settling.
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