Litigation

Theobald branded a “fountain pen” by Oswal’s QC

As was reported earlier this week, PPB partner Simon Theobald was having a devil of time on Monday morning. There he was in the witness box of the Supreme Court of Victoria, unable to recall much about about a veritable welter of internal and external communications sent or received during his tenure as one of three PPB partners appointed as receivers to Burrup Fertilisers Group…


receiver's wretched recall

Receiver’s wretched recall

PPB’s Simon Theobald had another torrid time in the witness box yesterday as counsel for Pankaj and Rhadika Oswal continued to toast the former receiver of Burrup Fertilisers over the Oswals’ claims that in arranging the Burrup sale, PPB failed to adequately consider their interests thereby cheating them out of up to $2.5 billion. It’s a bold counter claim for a couple accused by ANZ…


Campbell drawn back to Deloitte days

Reconstruction guru Chris Campbell is being forced to revisit his past as a partner at Deloitte thanks to the bullish determination of creditor denied Garry Hopper (pictured), who on Monday returned for another crack via the Supreme Court of Appeal. The ex-MF Global Australia (MFGA) trader has been waging a legal battle against Campbell and his former Deloitte colleagues David Lombe and Vaughan Strawbridge since October…


Justice and the law may have to adjudicate on a $500 miliion proof of debt

Octaviar: $500 million proof of debt persists

“We’re talking”. That’s almost all the special purpose liquidator of Octaviar Limited (OL) would say yesterday when SiN phoned to enquire about that mammoth and as yet unresolved proof of debt (PoD) action RSM’s David Kerr holds against OL’s sister company Octaviar Administration (OA). OA is currently in the hands of general purpose liquidators Kate Barnett and Bill Fletcher from Bentleys Corporate Recovery. “We are working at resolving…


“Ambitious” preference pursuit derailed by judge

Liquidators can on occasion err in pursuit of a preference but incorrectly defining insolvency and testifying as one’s own expert witness? The cake has well and truly been taken. Or at least it has if you accept the conclusions of the Federal Court’s Justice Jim Edelman In the matter of FPJ Group Pty Ltd (In Liquidation). His honour’s judgement deals with a $153,554.00 claim for…


Bruck probe puts Needham and Taylor fourth

THE politically-charged liquidation of Bruck Textile Technologies (BTT) has catapulted HLB Man Judd partners Andrew Needham and Barry Taylor to number four on the list of Assetless Administration Fund (AAF) recipients. Since December 2014 Needham and Taylor have received $499,647.50 in AAF monies to fund their investigations into BTT’s controversial restructure, which took place prior to their appointment by creditors voluntary liquidation on July 11, 2014. Half…


Insolvency Guardian: asset freezing action dropped

ORDERS freezing the assets of the former director of Insolvency Guardian Melbourne have been dismissed. In the Federal Court last week Justice James Edelman ordered that the proceedings brought against Phil Carlei by Insolvency Guardian principal Jarrod Siorecki be dismissed by consent. There were no orders as to costs. Neither Carlei or Siorecki responded to requests for comment. The orders bring to an end an action…


Cor Cordis pair forced to liquidate delinquents

Cor Cordis partners Ozem Kassem and Daniel Jurotawitch must continue winding up two companies controlled by Sarkis Nassif after a judge rejected the millionaire developer’s application to terminate the liquidations. Citing a lack of evidence and concerns that the companies may have exhibited “a lack of commercial morality,” Justice Stephen Robb had invited the applicants to bring fresh evidence but the deadline for that passed…


Oswal accuses receiver of throwing colleague “under a bus”

WITH judgement pending on Justice Antony Siopi’s inquiry into the handling of the Burrup Fertilisers receivership, extraordinary allegations made about partners and staff of PPB at the eleventh hour by Martin Goldblatt can now be aired, alongside PPB’s rebuttals. One of the main planks of plaintiff Pankaj Oswal’s pursuit of breach of duty findings against Ian Carson, David McEvoy and Simon Theobald rests on the…


Coshott win could be curtains for Prentice

MAX Prentice’s grip on the bankrupt estate of Robert Gilbert Coshott may have loosened a tad this week after Federal Court judge Jayne Jagot on Tuesday overturned the decision of her Circuit Court counterpart Rolf Driver on appeal from the bankrupt’s brother. In May Judge Driver ruled on an application by Ronald Michael Coshott and Fewin Pty Ltd seeking confirmation of their status as creditors in…