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Atradius can’t bring late $1.5B claim over Arrium administration
Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.
Cost of independent counsel to advise on Banksia silk’s $1.25M offer ‘can’t be justified’, court says
The Victoria Supreme Court will not appoint a contradictor to weigh in on the reasonableness of a $1.25 million settlement offered by companies associated with the wife of a once prominent silk struck from the roll over the Banksia Securities class action scandal.
Inquiry called by Melissa Caddick’s parents ‘hanging over receivers like a threat’, court told
The parents of Sydney fraudster Melissa Caddick will seek an inquiry into whether receivers of her property have acted faithfully in managing the assets.
Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.
‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
A barrister's $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.
Court orders winding up of investment firm Ascent amid Ponzi scheme claims
A court has wound up Ascent Investment and Coaching, after ASIC filed proceedings against the company and director Michael Dunjey over concerns that investor funds may have been improperly dealt with.
High Court grants special leave to Dick Smith execs
The High Court has agreed to hear the appeals of two former Dick Smith exes following judgments that awarded a total of $55 million in damages to NAB and the receivers of the defunct electronics retailer.
‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the "potentially difficult" interaction between two conflicting priority regimes.
Sargon liquidators take Diversa to court, mull insolvent trading claims against directors
Liquidators of Sargon Capital are pursuing a claim for $4 million against super trustee firm Diversa and are investigating potential insolvent trading claims against the collapsed fintech's directors.
Judge says liquidator can be paid ahead of preferred creditors
In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.