SR Case Update: Successful resistance to wind-up application

Gia Kaur

October 28, 2025

In the Supreme Court of NSW before Brereton J, we were successful in resisting an application under s459A of the Corporations Act 2001 (Cth) that our client be wound up in insolvency. Marc Ryckmans, Anna Kuznetsova and counsel, Nicholas Simone were the fantastic team who achieved this great result for our client.

Link to the judgment is here:

Doughkyo Leasing Pty Ltd [2025] NSWSC 676

In the matter of Doughkyo Leasing Pty Ltd [2025] NSWSC 676

Gia Kaur

October 28, 2025

SR Case Update: Successful application for receivers in the Federal Court of Australia

Gia Kaur

October 28, 2025

In another successful update from Somerset Ryckmans, Nicholas Fasullo appeared before Jackman J in the Federal Court of Australia on behalf of liquidators and receivers seeking orders, amongst other matters, for the approval of the distribution of funds and assets in the two administrations as well as the approval of past and future remuneration of the receivers.

This application was on instructions from Cascap Advisory, in which we achieved an excellent commercial outcome for all stakeholders involved.

Judgment:

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1196

Silvia, in the matter of the Hewit Family Trust (Receivers and Managers Appointed) [2025] FCA 1196.

Gia Kaur

March 6, 2017

SR CASE STUDY: Supreme Court of NSW decision in favour of Defendants

Gia Kaur

March 6, 2017

Somerset Ryckmans successfully acts for the Defendants in having the Plaintiff’s claim, under s447A of the Corporations Act to vary terms of a DOCA, dismissed.

In the Matter of New Bounty Pty Ltd; Winpar Holdings Ltd v Baron Corporation Pty Ltd [2015] NSWSC 1060 (5 August 2015)

SR CASE STUDY: NSW Court of Appeal decision in favour of Appellant

Gia Kaur

March 6, 2017

Ruling in favour of appellant represented by Somerset Ryckmans. Appellant successfully argued that the resolution to approve a proposed merger between Grant Thornton and Capital BDO was invalid.

SR CASE STUDY: Decision in favour of Timbercorp in the High Court of Australia

Gia Kaur

March 6, 2017

The High Court rules in favour of investors (represented by Somerset Ryckmans) that they are not estopped from raising individual claims and defences in subsequent proceedings by a reason of failure to raise individual claims and defences in the group proceedings.