August 2016

Calabretta victim of the curse of Condor Blanco

Given the fates of the former directors and office holders of Condor Blanco Mines, it was probably inevitable that Domenic Calabretta would run into trouble following his appointment as voluntary administrator (VA) of the ASX-listed minerals explorer by its two now ex-directors on July 4, 2016, one day before a new board was set to take charge. Calabretta’s appointment was challenged at a hearing on…


Receiver challenged after links with referrer arise

SiN cannot identify them but let us take our cue from the Family Court’s in-house anonymisers, who dubbed them Messrs Fuller and Martini in the recent judgment of Sadler & Sadler and Others , a ruling that affirmed their appointment as receivers to a pair of trusts and a superannuation fund at issue in a matrimonial spat. The application to appoint was made by the wife…


Liquidators’ sweet deal keeps fee police placated

It was one of those rare instances when the application of a proportionality percentage aligned with the fees that liquidators had calculated using their own hourly rates. But as often happens with opportune outcomes, special circumstances held sway. First and foremost was the nature of this liquidation. There were two entities, neither insolvent. One had no directors. The other had directors who were siblings and “deadlocked”….


Liquidator to pay predecessors’ costs

Queensland insolvency practitioner David Clout has told SiN that he didn’t like “going after another practitioner” so perhaps at some deep, subconscious level any discomfort stemming from his decision to sue Peter Dinoris and Nick Combis for breach of duty and seek damages may be assuaged now the company he controls as liquidator has been ordered to pay the Vincents‘ partners’ costs. In his judgment of…


Breretonism invoked as lien disputed

If it had a spare moment to reflect, the spectre of proportionality would realise Justice Paul Brereton isn’t the only judge it has to thank for the frequency of its invocation. Another recent invokor is the NSW Supreme Court’s Justice Stephen Robb, who last week summoned the liquidator-terrorising shade to cloud the fortunes of David Clout. In the matter: David Lewis Clout in his capacity as Liquidator of Mainz…


Draft IPRs released as ILRA delayed

None of the likely recipients are confirming but SiN understands that the urgently anticipated draft Insolvency Practice Rules (IPRs) have been released by government for review by insolvency and reconstruction industry stakeholders. The word is that the first incarnation of the IPRs is already being discussed and SiN’s reading of the insolvency sediments yesterday did reveal that John Winter from the Australian Reconstruction Insolvency and…


Sheahan Lock poised to replace William Buck duo

The foreign creditor seeking to eject Rob Whitton and Brendan Copeland as liquidators of Ridley Capital Holdings (RCH) has lined up John Sheahan and Ian Lock as their replacements, sources have confirmed. California-based Corbis Global applied in the NSW Supreme Court to replace the Williams Buck pair due to differences about how the RCH liquidation should proceed. Corbis, which in November 2015 won judgment against RCH for unpaid fees…


Ianuzzi attracts FEG fire over Mentmore

David Ianuzzi is not going to forget his first time as lead receiver anytime soon. In just a few hours in the witness box on Monday the Veritas Advisory principal was forced to admit his treatment of certain debts in the 2014 receivership of Mentmore Pty Ltd had been flawed, that his initial 524 report needed correcting and that the only reason he hadn’t already…


Radhika’s recollection and a suitable boy

Unlike PPB Advisory partner Simon Theobald who has been unable to recall many aspects of the Burrup Fertilisers receivership when quizzed, Radhika Oswal, wife of Burrup founder Pankaj Oswal and a major shareholder in her own right yesterday recalled with distinct clarity how the sum total of her involvement in the company’s affairs was mostly none at all. Appearing in the Supreme Court of Victoria for the…


Arrium administrators axe Edler

You know a voluntary administration (VA) is progressing – hopefully in the direction intended – when the company secretary is no longer needed. At least that’s how Arrium’s VAs from Korda Mentha are spinning the departure of Mark Edler, with a spokesman confirming yesterday that there is: “No need to replace (the company secretary) at this stage of the process …. the sales campaign is…