Cate Heyworth-Smith QC

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

A judge has refused to summarily dismiss proceedings by collapsed construction group JM Kelly against its former accountant, finding it was an issue for trial whether he caused the company to continue operating despite financial issues leading to its liquidation.