Michael Hazan

Builder Xela has failed in its bid to wind up the owner of a development to recoup a $776,000 debt owing under the Security of Payment Act, with a court finding that despite an unwillingness to pay, the owner is solvent. 

Sharvain Façades has won extra time to convene a second creditors' meeting to pursue a $3.28 million win against Roberts Co, but not based on the argument that SOPA says its liquidation would bar enforcement of the judgment.

A judge has raised concerns that if he grants orders sought by the administrators of collapsed builder Sharvain Facades to delay a creditors meeting, it will prioritise the interests of its creditors over those of Roberts Co.

The deadline looms for a creditors' meeting to decide the future of collapsed building company Sharvain Façades, but its administrator wants a court to stop the clock, concerned a vote for liquidation will thwart recovery of $3.2 million from Roberts Co.

Building façade company Sharvain, which went under last month, owes major builders $54 million, according to a judgment pushing out the date for a creditors meeting.

A judge has made a lump sum costs order against a Sydney barrister in his long running dispute with a solicitor over a $320,000 bill, saying for a second time that his conduct in filing reams of material over the issue of costs was unreasonable.

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

A barrister can't sidestep a clause in a costs agreement with a solicitor that limited when counsel fees are payable by breaching his disclosure obligations and nullifying the agreement, the High Court has been told.