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POE v HKJS Holdings Pty Ltd (in liquidation) – receivership

Hakan Kutup

Since our last blog post, this matter has moved along somewhat.

HKJS Holdings Pty Ltd (in liquidation) (“HKJS”).

HKJS formerly traded as Century 21 Ultimate (Wollongong).

Its director at the time was:  Hakan Kutup (see separate page).

In or about mid 2018, Century 21 removed HKJS of their C21 franchise.  HKJS’s creditor’s report suggests it owed Century 21 $85,362 in total – perhaps unpaid franchise fees?

The same report suggests HKJS owed the ATO a further $187,590.

In or about 2 April 2019 Hakan was declared bankrupt and a sequestration order issued over his estate.  A copy of the sequestration order may be viewed clicking this link.  It is unknown whether Hakan presently holds a current real estate practising certificate (as at time of writing – 2 June 2019)?  According to his real estate profile – Hakan is a real estate agent engaged in residential sales.

Anyone who’d like to discuss Hakan or HKJS can call us anytime on 1300-327123.

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DCPLH v Golden Arrow International Pty Ltd (in liquidation)

golden arrow 3

Golden Arrow International Pty Ltd (in liquidation) (“Golden Arrow”) is a creditor to DCPLH (as the assignee of Ralph Ignatius Paligaru, Amreeta Paligaru and Dural Alliances Pty Ltd, together “the Paligaru’s“).

Craig Adams was the director of Golden Arrow and other companies placed into liquidation in mid to late 2018.

Golden Arrow was the owner of a large development site sold for $16,700,000.

DCPLH is the assignee of the Paligaru’s debt where it seems, an unsecured creditor, Australasian Property Group Pte Ltd may have been paid a preference payment (in preference to the Paligaru’s, our assignors) or the payment and the security it received may be voidable?

These alleged facts may become the subject of litigation before the NSW Supreme Court in the coming months (as from June 2019)?

Anyone interest to discuss Golden Arrow, Craig Adams, Australasian or the Paligaru’s can call us anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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Hillary v Owners Corporation – strata acoustic issues

(Work in progress, more details to follow on this page).

This project was not so much important in the content that it involved.  It was the analysis that it involved regarding a very simply set of works and the law’s requirements.

We bring, we think, a clear mind and thought processes to the task of solving your business, financial or legal problem – no matter how complex you think it may be?

 

Call anytime on 1300-327123.

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Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA

(Work in progress, more details to follow on this page).

Call our hotline anytime if you’ve received a creditors statutory demand, have a debt to the ATO or need corporate structuring advice – on 1300-327123.

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Fixtures

It might seem like a question with an obvious answer, but what is a fixture? What is a fitting?  And, what is equipment?

We are presently working on a project where our client is claiming title to commercial equipment.  The equipment was placed in a function space which features elsewhere in our blogs – current projects & past projects.  The land has recently been sold by the mortgagee in possession.

In the last couple of days these questions have arisen:

  • what is a fixture?
  • who can have title to it?
  • can a person abandone title to goods? and,
  • what is required to secure title to the fixture/s?

In this instance the equipment is commercial kitchen equipment.

Background

The purchaser from the mortgagee seems to be suggesting in correspondence that portable equipment is nevertheless a fixture.

The implied threat is to abandone the purchase from the mortgagee unless the secured lender, who owns the equipment, waives their title?

The answer to these questions is this. 

 

Analysis

Typically a fixture is a chattel which is annexed to land in such a way that it becomes ‘part of’ the land and ceases to be the personal property of the person who attached it.

Have a think about your workspace.  What are some chattels and what are fixtures and what might be fittings.

Take the kitchen sink for instance.  It’s probably quite impractical to remove that.  It would perhaps rip off the tiles in the process.  But what about for instance shelving.  Sure the shelves are screwed into the wall, and so it might be argued that they become part of the land.  But do they cease to be personal property?  And why were the shelves put there in the first instance?

These are all relevant questions in considering what are fixtures and what aren’t.  

We may discuss fixtures in further detail as this dispute is worked through.  

If you have any thoughts or comments or questions, please feel free to direct message me at:  mark@dcpartners.solutions – thank you.

14 August 2018