Ari Katsoulas recently appeared for the successful defendant in the matters of Re Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) [2021] NSWSC 966.
The proceedings were brought by five insolvent companies (and their liquidator) seeking the recovery of approximately $35 million against directors/shadow directors for breaching their fiduciary duties at equity and duties under the Corporations Act. The plaintiffs also sought to recover against a number of alleged knowing assistants to the fiduciaries’ dishonest and fraudulent design.
The plaintiffs did not make good their accessorial liability case against my client with the proceedings to be dismissed in their entirety against her.
The full decision may be found here.
Other decisions in the litigation include:
In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) (No 2) [2021] NSWSC 1161 – Successfully obtained costs in the above proceedings.
In the matters of Earth Civil Australia Pty Ltd, RCG CBD Pty Ltd, Bluemine Pty Ltd, Diamondwish Pty Ltd and Rackforce Pty Ltd (all in liq) [2020] NSWSC 293 – Admissibility of transcripts obtained of compulsory ATO interviews pursuant to s 353-10 of the Taxation Administration Act 1953 (Cth).