This matter included the following matteres; Kelly (Liquidator), in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Loo [2021] FCA 531 (Markovic J); Choo Boon Loo v Philip Alexander Quinlan and Morgan John Kelly (as liquidators) and others [2021] NZCA 561; and, In the matter of Halifax New Zealand Limited (in liquidation), Morgan Kelly and Philip Quinlan [2021] NZHC 1113; `Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 7) [2020] FCA 248; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 10) [2020] FCA 1146; Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 11) [2020] FCA1282. This litigation known as the Halifax litigation is discussed in detail on this web-site under the menu bar "Resources". It also features under recent developments. The Halifax litigation involved applications by liquidators and/or trustees pursuant to 90-15 of the Insolvency Practice Schedule (Corporations) being Schedule 2 to the Corporations Act (Cth) and/or section 63 and 81 of the Trustee Act 1925 (NSW). The applications were made in circumstances where company funds and trust funds were co-mingled.  The following questions were among those to be determined by the Federal Court and the High Court of New Zealand who heard the matters simultaneously:

• whether liquidators were justified in using trust and co-mingled funds to pay their remuneration for the administration and liquidation;
• whether judicial advice was appropriate with respect to closing out of extant investments of investors in the insolvent entities;
• whether liquidators were justified in refraining from realising investments until the determination of all substantive issues in the proceedings;
• whether representatives of investors should be appointed.

This appeal to the Privy Council involved a barrister’s negligence case from New Zealand. John was briefed by the professional indemnity insurer of a barrister.

This was a company capital reduction case. The matter settled after pleadings were drafted and evidence served.

This matter involved assistance in the preparation of an expert opinion in relation to a large share transaction and dilution of shareholding for a case in the United States of America which was to apply Australian law.