Judgment

Solar stoush not easy to shift

Oral agreement licks bid to shift solar stoush

A bid by Deloitte pair David Lombe and Robert Woods to transfer their stoush with solar cell installer Massive Solar (MS) from Sydney to Melbourne has failed after a judge concluded that “the interests of justice require that the proceedings continue in this Court.” Lombe and Woods were appointed liquidator to Inverter Solar (IS) by order of the Supreme Court of Victoria on July 13, 2016….


Nogueira no plans to challenge Dinoris appointment.

Worrells’ Nogueira pipped by Dinoris

A spat over an appointment has been laid bare in convenient detail after the Deputy Commissioner of Taxation (DCoT) applied to the Federal Court to have ex-Vincents partner Peter Dinoris appointed liquidator of W.D. Hall Pty Ltd in place of incumbent voluntary administrator (VA), Paul Nogueira of Worrells. Freshly minted Federal Court judge Roger Derrington explained in Deputy Commissioner of Taxation, in the matter of W.D. Hall Pty Ltd v…


Judge cuts EY partner’s “disproportionate” claim

Henry Kazar received a less than ideal send off to the financial year thanks to Justice John Griffiths, who on June 30 decided that the EY partner’s claim for $64,390.50 was coming it a trifle high given Kazar and his team laboured for years to engineer a land sale that raised all of fifty grand. Kazar applied to the Federal Court in April of this year to have…


Willmott Forests litigation over?

PPB avoids “acrimonious” Willmott litigation

If avoiding an acrimonious trial involving serious allegations of impropriety can be categorised as a good result then PPB Advisory’s Ian Carson and Craig Crosby have engineered such after the Supreme Court of Victoria endorsed a deed of settlement between the pair as Willmott Forests‘ liquidators and the company’s responsible entity, Primary Securities. In the recent judgment of Justice James Judd in Primary Securities Ltd v Willmott Forests…


Litigation funder accused of “collusive” agreement

Andrew Wily’s relinquishing of his liquidator’s ticket is generating some interesting fallout, with an application by one of Wily’s replacements leading to the publication of an eyebrow raising allegation about a litigation funder, courtesy of the judge before whom the application was made. In the matter of City Pacific Limited [2017] NSWSC 784  Justice Paul Brereton of the Supreme Court of NSW included in his judgment a tale that…


Specualtive demand era may be ending.

Liquidator roasted over speculative demand tactics

Sydney liquidator Gregory Jay Parker may not be presently enamoured of the wisdom of Federal Court judge Michael Lee, at least as it applies to the practice of issuing a speculative demand. This week in The matter of Worldwide Property Services Pty Limited (In Liquidation ACN 066 573 671) the judge included some less than flattering comments about Parker’s optimistic April 13 ex-parte application for an extension of…


Court finds Rabbi wrongfully dismissed

Administrators’ dismissal of Rabbi wrongful

Anthony Elkerton and Ron Dean-Willcocks have run aground in their attempts to make redundant the head of South Head & District Synagogue (Sydney) with NSW Supreme Court Justice Paul Brereton ruling that the administrators’ termination of Rabbi Benzion Milecki’s employment amounted to wrongful dismissal. In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823 it’s revealed that the administrators gave the Rabbi notice…


Imprudent play attracts judge's admonishment

Hall Chadwick pair imprudent but not unreasonable

A messy little stoush between two registered training organisations that began before Blair Pleash and Kathleen Vouris were appointed liquidators of Get Qualified Australia has concluded with the Hall Chadwick pair spared an order that they pay thousands of dollars in legal fees personally. But in so finding, Federal Court judge Brigitte Markovic was moved to remark on their conduct. “While I have not found…


Trust assets question determined in IP's favour

Cor Cordis pair score big on trust assets

The Federal Court has a delivered a wide ranging judgment on the disposal of trust assets by liquidators and receiver/managers that will have the Department of Employment’s FEG recovery unit abuzz as it prepares its appeal to the decision of Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127 (23 March 2017). In Kite v Mooney, in the matter of Mooney’s Contractors Pty…


Hastie liquidators' claims on audit firm losing fat

Hastie: further liposuction on audit claims

PPB Advisory’s Craig Crosbie and his fellow Hastie Group liquidators seem to be fighting a losing battle in their bid to generate recoveries for the creditors of the failed construction firm, and by creditors SiN means Hastie’s banks, they being the only parties with a hope of winning a decent drink from litigation that over the last five years has come to resemble trench warfare. Crosbie is…