Litigation

Conflict claims aplenty in ATO V Condon

ATO V Condon: pot calls kettle black

THE Deputy Commissioner of Taxation’s (DCoT) crusade to install special purpose liquidators (SPLs) to a company it alleges is part of a multi-million dollar scam involving gold bullion and improperly claimed GST credits was fully ventilated yesterday when the protagonists slugged it out during a half day hearing in the Federal Court. ACN 154 520 199 Pty Ltd – formerly known as EBS Pty Ltd  – is…


Pair pf Patricks fall out over funding

Pair of Patricks fall out over funding

When one litigates for gain, it’s no surprise that the disputes that attend one’s professional and personal enterprises more readily end up in court. In the litigation funding game, the lawyers are on speed dial, if of course Siri hasn’t already been programmed to connect one’s litigator of choice on command. This perhaps explains why the two Patricks of litigation funding – each of which…


ANZ bank security for costs claim trimmed by court.

Security for costs favours IP over ANZ, barely

Adelaide insolvency practitioner Andre Strazdins has had the barest of wins in his ongoing battle to recover $724,000 in fees and expenses from the ANZ Bank incurred whilst voluntary administrator (VA) of Darwin nightclub operator, DNPW Pty Ltd. Last week Justice Martin Hinton of the Supreme Court of South Australia ordered that Strazdins deposit $270,000 with the court as security for costs ahead of an anticipated 15-day…


Receivers agree to settle over FEG claims

dVT to settle with FEG as liquidators focus on factorer

In what might prove to be valuable guidance for other insolvency practitioners who’ve fallen foul of the Department of Employment’s (DoE) FEG recovery unit, dVT Group’s Riad Tayeh and David Solomons are about to settle their dispute and SiN has it on good authority that a deal is imminent and could be confirmed as soon as next week. Proceedings were initiated against the pair on October 31,…


PrimeSpace trust assets under increasing pressure

Pressure increasing on PrimeSpace liquidators

McGrathNicol’s Shaun Fraser and Tony McGrath are edging closer to launching a claim against Meyer Vandenberg, the former solicitors of PrimeSpace Property Investment Limited (PPIL) following confidential examinations conducted in February, but in news to no one, progress is being complicated by a creditor, ratcheting up the pressure on the pair who are funding their investigations with money from PPIL trusts. PPIL is the responsible entity…


From deed administrator to liquidator: a tough transition?

Deed administrator to liquidator – a transition

When a deed administrator has no more hair to tear then he or she must assess the options – assuming there are any – and act. In the case of still hirsute Helm Advisory principal Stephen Hathway, that has meant embarking on an arduous path through the courts in search of an order that will, if obtained, see his role as administrator of the Plaza West…


Forge Group receivers seek chapter 15 declaration

Forge Group’s Chapter 15 petition dismissed

UPDATED: Friday, March 17 4:15pm – Forge Group’s petition for Chapter 15 relief and a declaration of the Forge Group administration as a foreign main proceeding has been dismissed by the Northern District bankruptcy court in San Francisco. The receivers of Forge Group are confident of resisting the latest legal assault by APR Energy after the Florida-based group advised it had lodged an application in the High Court…


Delnote Constructions receivers sued

Delnote Constructions receivers sued by FEG

The Department of Employment’s Active Creditor Unit (ACU) unit continues to fish for receivers fattened on circulating assets and an amended statement of claim filed last month in the Federal Court shows the ACU’s litigators have Delnote Constructions receivers  Riad Tayeh and David Solomons hooked. The ACU is seeking $323,661.74c from the dVT pair in relation to their work as receivers of Delnote Constructions Pty Limited….


Failed partnership triggers claim and counter claim

Liquidators sue each other over failed partnership

A dispute over dollars is shedding light not only on the kinds of partnership arrangements liquidators are inclined to enter into when working together but also on the amount of coin mid-tier practitioners pocket. The protagonists are dVT’s Antony Resnick and Chifley Advisory’s Gavin Moss who are disputing entitlement to monies following the collapse of relations and the termination of a Memorandum of Understanding (MOU) the…


Argentice creditors relentless on Ridley

Argentine creditor prepares to uncork ILRA

Not content with a judge declining its application to replace Brendan Copeland and Robert Whitton as liquidators of Ridley Capital Holdings (RCH), Argentine architect and major creditor Corbis Global is preparing a fresh assault on the William Buck incumbency. SiN’s sources in Buenos Aires – not to be confused with our man in Cordoba – have recently delivered fresh missives, smuggled down under in a case of…