Trustees

Terminator creditor still fighting for surplus

Terminator creditor in 25 year pursuit

Bentley’s Kate Barnet might feel like she’s in Terminator III – or should that be four – as relentless creditor Monica Low, also known as Low Mooi Kwee – continues her seemingly endless pursuit of compensation from the estate of former bankrupt, Mathew Keralavakayil Mathai. A resident of Vancouver, Low commenced her quest long ago and far away. It was 1993, in the suitably Bleak House-sounding Chancery…


Bankruptcy trustee preserves his indemnity

Yachting bon vivant evades impact of costs

BPS Recovery’s Max Prentice has dodged a major blow in the Federal Court, with a judge yesterday ordering he pay 70 per cent of the costs of a creditor who challenged his handling of a meeting of creditors of former bankrupt and struck off solicitor Robert Coshott but declining to make an order that Prentice be precluded from utilising his right to be indemnified for those costs…


bankrupt uses ad words against trustee

Trustee stalker’s tactics threatened to unseat VAs

Safe workplaces are all they rage are they not? Sterilised of bullies and abusers, staff can be at their productive best and woe betide anyone who doesn’t take the issue seriously. Shame the application of those values is so selective. Where are the vocal anti-bullying advocates when a bankruptcy trustee is subjected to what Rodgers Reidy director David Hambleton has been enduring? If you haven’t…


Judge Skewers Inefficient Solicitors

Judge skewers inefficient solicitors

Mark Robinson was typically diplomatic yesterday when asked to discuss the latest ruling on Reed Constructions Australia (RCA), to which the PPB partner was appointed liquidator by the courts on July 9, 2012. Robinson declined, for example, to share his view of the role in the latest skirmish played by HLB Man Judd’s Barry Taylor, preferring instead to express a position of faultless neutrality. “We all…


Coshott trustee's Christmas treat

Indemnity costs a Christmas treat for trustee

Bankruptcy trustee Max Prentice might have more to smile about than usual this Christmas after long time nemesis Fewin Pty Ltd and members of the associated Coshott family abandoned their action against the BPS Recovery partner and against ex-trustee in bankruptcy John Burke in the Federal Court. On Tuesday Fewin Pty Ltd, Ljiljana Coshott, and her husband Robert Gilbert Coshott were granted leave to discontinue proceedings which had been the…


Trustee ousted over litigation funding deal

Getting between an ex-wife and a multi-million dollar property in Pyrmont has not turned out well for Veritas Advisory’s Louise Thomson. In a recent judgment of the Federal Court Justice Kathleen Farrell detailed how Thomson, as trustee of the bankrupt estate of Leslie James Young, was certain to be replaced by Jirsch Sutherland’s Stewart Free. What seems to have seriously aggravated Mr Young’s ex-wife and principal…


Park and McIntosh mull appeal

FTI’s John Park and Lachlan McIntosh have briefed counsel about a possible appeal after a judge of the Supreme Court of Queensland last week set aside an order of a registrar renewing the pair’s claim against lawyer Edward Maitland, and Melbourne barristers John Ribbands and Garry Bigmore. Park and McIntosh are joint trustees of the bankrupt estate of Gary Stirling Camm. Park told SiN yesterday the…


Fewin fails to pin Prentice on pay

The seemingly interminable struggle in the Federal Court between Fewin Pty Limited and members of the Coshott family against BPS Recovery partner Max Prentice was again laid bare for chronicling yesterday. In the morning Justice Jacquie ‘how sweet it is’ Gleeson tossed out a leave for appeal application made by Fewin, Ronald Michael Coshott and Robert Gilbert Coshott. The applicants were objecting to orders made by Justice…


Receiver challenged after links with referrer arise

SiN cannot identify them but let us take our cue from the Family Court’s in-house anonymisers, who dubbed them Messrs Fuller and Martini in the recent judgment of Sadler & Sadler and Others , a ruling that affirmed their appointment as receivers to a pair of trusts and a superannuation fund at issue in a matrimonial spat. The application to appoint was made by the wife…


Opportunism troubles but judge agrees to annul

One has to wonder what was going on with Baycorp Collections and its lawyers following the decision of Federal Court Judge Chris Jessup to annul the bankruptcy of Victorian woman Buket Ozdil. The decision was handed down last Friday after Ozdil applied to have her August 5, 2014 bankruptcy annulled and the bankruptcy notice which led to her bankruptcy set aside. Justice Jessup granted her the…