Receivership

Receiver facing fee and independence challenge

Mackay Goodwin principal Domenic Calabretta may be overseas but that is not impeding the progress of some potential grief around an alleged lack of independence working its way towards him via a hearing in the NSW Supreme Court later this year. The grief is in the form of untested allegations – which may or may not be frivolous and/or vexatious – that the fees charged…


Mrk Korda needs the CBA to establish a new loan facility

PPB poised as Korda awaits cash

With Ten Group voluntary administrators (VAs) facing a cash crisis by week’s end, the interests in control of the free-to-air broadcaster’s future are expected to reach agreement imminently on a deal that will see a new loan facility extended to VA Mark Korda and PPB Advisory appointed as “partial” receivers. Sources close to the administration revealed yesterday that Ten would be required to make payments on…


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…


Surplus scooped by Pluton liquidators

Pluton liquidators win fight for DoCA surplus

PwC’s Sam Marsden and Derrick Vickers look to have wangled a result from the West Australian Supreme Court in their fight with receivers over a deed fund surplus on the Pluton Resources job. In November last year the pair – in their capacity as Pluton’s liquidators – applied for orders relating to the question of Pluton’s entitlement to $835,021.94, left in a deed fund following…


FEG funding appeals in two state courts.

FEG backs appeals on Linc and Amerind

The recently asserted primacy of State laws over the insolvency statutes is to be tested in two appeals backed by the bullish litigators running the Department of Employment’s FEG recovery Unit. In the case of failed coal-to-liquids aspirant Linc Energy, liquidators Stephen Longley, Grant Sparks and Martin Ford two weeks ago filed notice of their intent to appeal the judgment of Queensland Supreme Court Justice David J…


Banksia fee approval

Banksia Securities: fee claim masterclass

There cannot be too many prominent rulings on insolvency practitioner remuneration that are not invoked at some point In the matter of Banksia Securities Ltd (in liq) (receivers and managers appointed) [2017] NSWSC 540. In approving claims for pay lodged by Banksia’s special purpose receivers (SPRs) – who are also its liquidators – NSW Supreme Court judge Fabian Gleeson has gone a good way to emptying…


No pluses for Minus in chambers sale challenge.

No pluses for Minus in chambers sale challenge

Derek Minus may well be a dispute resolution specialist of the highest order but that does not seem to have helped him resolve his dispute with BPS Recovery’s David Sampson. The pair have been at loggerheads over the sale of Minus’s barrister’s chambers in Castlereagh Street since Sampson was given authority to sell the property in his capacity as court-appointed receiver late last year. In…


Right to success fee falls to receivers

Kordas duo retain right to $2 mill success fee

Pending any appeal from Tasmanian millionaire Jan Cameron, KordaMentha partners Rahul Goyal and David Winterbottom have won the right to a $2 million success fee which formed part of the remuneration they agreed to with Cameron when she appointed the receivers of DSG Holdings. In Bicheno Investments Pty Ltd v David John Winterbottom [2017] NSWSC 536 (9 May 2017) Justice Robert McDougall yesterday dismissed Cameron’s application for…


$2 million fee riding on stocktake definition

Korda’s success fee hinges on “stocktake” definition

KordaMentha pair Rahul Goyal and David Winterbottom were present and accounted for in the NSW Supreme Court yesterday as the hearing of Jan Cameron’s bid to deprive the pair of a $2 million success fee entered its second and final day. The Kordas pair and Cameron fell out at some point after she appointed them receivers of DSG Holdings back in 2014. They’d picked up…


FEG chief Henry Carr has been meeting with liquidators.

FEG chief open to the “honourable trade on”

The man doing all he can to eliminate complacency around circulating assets and the uses to which they can rightly be put was in Sydney this week, presenting to those most at risk of transgressing his rejuvenated enforcement regime. On Tuesday FEG recovery czar Henry Carr was at the boardroom of John Morgan’s BCR Advisory on Spring Street. It was lunchtime and Carr, who is spearheading the Department of…