Mayfair 101 founder James Mawhinney must pay $1.3 million in security within six weeks or a case brought on behalf of his property management group Mainland against a lender and two McGrathNichol receivers will be thrown out.
Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.
Insolvency practitioners are holding their breath as the High Court hears a case that could abolish a key rule used by liquidators in recouping payments to unsecured creditors at a time when the industry is bracing for a possible recession.
Mayfair 101 has settled with liquidators of collapsed IPO Wealth Holdings after they won a bid to re-examine former director James Mawhinney over the transfer of “considerable funds and assets” from the fund to other entities.
The former director of Mayfair’s failed IPO Wealth Holdings, James Mawhinney, has lost his challenge to a judge’s decision allowing liquidators to examine him for an eighth day about the transfer of “considerable assets and funds” from the fund to other entities he controlled.
The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.
The liquidators of Mayfair’s failed IPO Wealth Holdings have won their bid to question the fund’s former director, James Mawhinney, for the eighth time over assets that could provide “significant potential recoveries” for shareholders.
An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.
Over-the-counter derivative issuers AGM Markets, OT Markets and Oxifin Tech have been ordered to pay a total of $75 million in penalties after a ruling that they engaged in unconscionable conduct causing losses of over $30 million to unsophisticated investors seeking what a judge called “financial heroin hits”.
ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.