Somerset Ryckmans in the News
The firm in the news, including successful cases, articles and information for clients.
Somerset Ryckmans achieved a fantastic victory for its client in the High Court.
The firm was successful in opposing a pooling order which had been sought by the Appellant liquidators of a group of printing companies.
Counsel briefed by the firm was Julian Svelha and Bret Walker SC.
Link to the judgment is found here
Morgan v McMillan Investment Holdings Pty Ltd [2024] HCA 33
Morgan v McMillan Investment Holdings Pty Ltd [2024] HCA 33
In the Federal Court of Australia before Kennett J, Somerset Ryckmans was successful in obtaining orders (pursuant to rule 11.10(2) of the Federal Court (Corporations) Rules 2000 (Cth)) for a warrant to be issued for the arrest of an examinee who failed to comply with an with an examination summons under under s596A of the Corporations Act 2001 (Cth).
Nicholas Fasullo had carriage of this matter along with counsel, Joshua Raftery. Somerset Ryckmans were instructed by the great team at Vincents including Henry McKenna, Alister Yee and Melanie Schneider
Link the judgment is here:
McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 699
McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 699
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
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.
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)
Should you wish to discuss this particular case study or ask our team any questions, please feel free to contact us.
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.
Should you wish to discuss this particular case study or ask our team any questions, please feel free to contact us.
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.
Links to articles on the case:
https://openjournals.library.sydney.edu.au/SLR/article/view/19675/16528
Should you wish to discuss this particular case study or ask our team any questions, please feel free to contact us.
