Litigation

Bookarelli insists it’s solvent as court dismisses opponent’s judgement

THE sparring between litigation funder Bookarelli and its former agent Katanga Developments appears to be drawing to a climax as the two countdown to October 7, when an application by Katanga to wind up Bookarelli is due to be heard in the NSW Supreme Court. But will it get there? On September 17 NSW District Court Judge James Curtis set aside the judgement upon which…


Insolvent Concept. Word on Folder Register of Card Index. Selective Focus.

Litigation funder facing liquidation as colourful identities blue over Bookarelli

IT’S ironic that litigation funder Bookarelli Pty Ltd is facing potential liquidation, given how profitable its proof-of-debt facilitation sideline appears to have been for the $1 company linked to sometime fraud investigator and Blue Mountains resident Richard Kurland. According to a September 2013 District Court judgement, between 28 June 2011 to 28 March 2012, almost $800,000 was paid into a solicitors’ trust account linked to…


liquidators launch claim against Bruck bosses

Octaviar: Kerr considering fresh tilt

HAVING recently secured a $12.35 million settlement from Fortress Credit Corporation, Octaviar Limited’s (OL) special purpose liquidator is, we are reliably informed, contemplating resurrecting a $515 million proof of debt claim against the liquidators of Octaviar Administration (OA). The NSW Supreme Court made orders on May 26, 2015, discontinuing proceedings first brought by OL’s receivers against Bentleys partners Kate Barnett and Bill Fletcher in 2014….


Aerial view of the Burrup Ammonia plant under construction in West Australia.

PPB Fees – Oswal’s expert unwilling to condemn

READ in their entirety, expert witness reports can be turgid affairs. Eye-glazing repetition. Incessant referencing of Acts and Codes. Footnotes even. But when a report’s author is cross-examined in open court and the minutiae of their conclusions surveyed, a more engaging narrative emerges. Barry Raymond Cooke is one such expert. Cooke was engaged by Pankaj Oswal to produce expert witness reports about PPB Advisory’s handling…


Octaviar Limited's liquidator has quietly settled with Fortress

Octaviar liquidators bill $22 mill as Fortress claims settled

ANY insolvency that burns through five liquidators deserves special mention. When tens of millions of dollars – which might have been deployed beefing up creditor dividends – is instead spent pursuing a well-resourced, recalcitrant and foreign domiciled defendant, then the topic which so reliably provokes palpitations must be revisited. Fees and expenses should be kept in the limelight. Like mushrooms, they flourish in the dark….


The Bunyala Road property of bankrupt Robert Coshott to be repossessed by Max Prentice.

Prentice wins possession after Coshott claims dismissed

BANKRUPTCY trustee Max Prentice has won possession of a rambling property in Bunyala Road, Bellevue Hill valued at up to $4 million. On Tuesday, Federal Court Judge Robert Buchanan ordered the large residential home vest with Prentice as trustee for sale. The judge gave the bankrupt, Robert Gilbert Coshott, his wife Ljiljana and their sons James and Michael 42 days to clear out. You can…


Uninvited crash Octaviar’s ex-parte

SUPREME Court Acting Justice Peter Young has spiked the punch at the Octaviar liquidators’ ex-parte party. In a recent judgement the judge criticised liquidators Kate Barnet and Bill Fletcher for a lack of candour, branded Barnet’s performance during cross-examination as “so vague as to be of little value” and rejected the Bentley pair’s attempts to repel interlocutories filed by former Octaviar Administration Pty Ltd (OA)…


Burke passes Coshott baton to Prentice

IT was an unusual little meeting at the offices of the Official Trustee in Bankruptcy last month. There were two private trustees present. A third and fourth attended by proxy. And each was vying to take on the trusteeship of the bankrupt estate of Robert Gilbert Coshott. Coshott is a former solicitor who was struck off the roll in 1997. He was bankrupted in 2008…


Bentleys’ Barnet examined on viable voidables

Being cross-examined can’t be fun for any liquidator and Katherine Barnet won’t feel like the one who dodged the bullet after fronting the NSW Supreme Court yesterday. The insolvency specialist and director at Bentleys Corporate Recovery was brought in to talk about failed property investment group Octaviar. She began by getting confused about which of the two witness boxes to occupy. Perhaps the courtroom atmosphere…