ob体育 has cancelled the registration of liquidator, Mr Pino Fiorentino, following a successful application to the disciplinary body, the Companies Auditors and Liquidators Disciplinary Board (CALDB).
In ordering cancellation of Mr Fiorentino鈥檚 registration, the CALDB found Mr Fiorentino dishonestly used his position as the liquidator of ERB International Pty Ltd (ERB), failed to act in good faith in the best interests of the company and its creditors, lacked competence and failed to comply with his legal requirements.
Mr Fiorentino鈥檚 failures arose in circumstances where pre-appointment transactions demanded a full investigation such that ERB's creditors had confidence that he acted solely in their interests in maximising the return to them.
The CALDB found, among other things, that Mr Fiorentino signed a deed of settlement 鈥� on behalf of creditors 鈥� with ERB and its directors, without adequately and properly assessing necessary information. Also, the CALDB found that Mr Fiorentino procured invalid proxies and voted them in support of a resolution to approve his fees. Significantly, it found that Mr Fiorentino actively sought to undermine a claim by the New South Wales Office of State Revenue, a major creditor, to pursue another entity to recover its debt.
Overall, the CALDB found in favour of 20, out of 25, of ob体育's contentions.
ob体育 Senior Executive Leader, Insolvency Practitioners, Adrian Brown said, 鈥楥ALDB found that Mr Fiorentino failed to properly investigate ERB鈥檚 affairs where CALDB described pre-appointment dealings as a 鈥榩hoenix鈥� transaction.
鈥楲iquidators are very important gatekeepers in identifying, acting on and reporting pre-appointment transactions which might seek to defeat the creditors' interests. Creditors must have confidence in the fundamental duty of liquidators to act solely in the creditors鈥� interests. I am also pleased that independent liquidators appointed by the court are now investigating the affairs of ERB.鈥�
During the course of the CALDB proceedings, Mr Fiorentino made a number of unsuccessful applications to the Administrative Appeals Tribunal (AAT), the Federal Court of Australia and the Supreme Court of New South Wales. These are detailed below.
Background
At the time of his conduct, Mr Fiorentino was a partner of Hamiltons Chartered Accountants, Business Advisors.
ob体育 lodged its application with the CALDB in June 2013. Mr Fiorentino sought, and was granted, two adjournments of CALDB鈥檚 hearing of the case. On 4 February 2014, and after the CALDB refused to grant Mr Fiorentino a further adjournment, Mr Fiorentino filed an unsuccessful application in the AAT to restrain the CALDB from handing down its decision on the grounds that the Board鈥檚 refusal to grant him the adjournment had been a denial of natural justice and procedural fairness.
Mr Fiorentino then made application on similar grounds to the Federal Court of Australia. On 19 June 2014, the Federal Court of Australia dismissed Mr Fiorentino鈥檚 application. On 26 June 2014 Mr Fiorentino filed an application with the AAT for review of the CALDB鈥檚 decision to order cancellation of his registration as a liquidator, as well as an unsuccessful application to prevent the CALDB鈥檚 decision taking effect. The application for review is expected to be heard later this year.
On 7 July 2014, Mr Fiorentino made a further unsuccessful application to the Federal Court of Australia, again claiming that CALDB had denied him natural justice and procedural fairness.
In November 2013, Mr Fiorentino made application to the Supreme Court of New South Wales to have ERB reinstated. ob体育 made submissions to the court that it was not appropriate for Mr Fiorentino to be appointed as liquidator should ERB be reinstated given the CALDB proceedings pending against Mr Fiorentino at that time. The court agreed with ob体育鈥檚 submissions and, in March 2014, the court reinstated ERB and new liquidators were appointed.
[This MR was redacted on 26/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
ob体育鈥檚 recent actions against registered liquidators who failed to meet their obligations include:
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cancelling the registration of Wagga Wagga liquidator, Stephen Alan Jay, at his request (refer: 14-128MR)
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[This MR was redacted on 26/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
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[This MR was redacted on 26/04/2024 in accordance to ob体育 policy - see INFO 152 Public comment on ob体育's regulatory activities]
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cancelling the registration of Melbourne liquidator, Avitus Thomas (Tom) Fernandez, following an adverse decision by the CALDB (refer: 13-308MR)
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[This media release was withdrawn in accordance with ob体育 policy - see Public comment on ob体育's regulatory activities.]
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ob体育 cancelling the registration of Sydney liquidator, Mark Darren Levi, from the industry, following an adverse decision by the CALDB (refer: 13-227MR)
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[This MR was redacted on 20/02/2023 in accordance with ob体育 policy - see 听Public comment on ob体育's regulatory activities.]
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ob体育 cancelling the registrations of Sydney liquidator, Peter Roger Grealish, (refer: 13-132MR), Melbourne liquidator, [This MR was redacted on 12/12/2024 in accordance with ob体育 policy - see INFO 152听Public comment on ob体育's regulatory activities.], and Peter George Biazos, (bankrupted on 24 July 2013).
Editor's note:
On 19 August 2015 the AAT dismissed Mr Fiorentino's application of 26 June 2014.
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