Expert Determination (Since 2004)

Since 2004, Troy Peisley has been appointed by, amongst others, the Presidents of the Law Society of NSW and the Institute of Chartered Accountants, law firms and organisations to make binding expert determinations on disputes involving accounting and legal issues. Troy’s experience as an expert determiner includes:

  • Appointed to determine a dispute between a vendor and purchaser under a sale of share agreement, as to the final accounts and entitlements pursuant to a guarantee.
  • Appointed to determine a dispute between medical specialists in a partnership, as to the final accounts and loan obligations under the terms of the partnership agreement.
  • Determined a dispute between a vendor and purchaser under a sale of commercial property agreement, as to the definition and accounting treatment of ‘outgoings’ and entitlements to rental guarantee bond.
  • Determined a dispute in relation to a joint venture property development, as to the reconstruction of financials for the project and determined whether funds misused by builder.
  • Determined the fair market value of copyright an investment fund held in a suite of television series and film projects, and the extent to which various distribution rights had been exploited in foreign markets.
  • Determined a dispute in relation to a joint venture property development, as to the value of units in a property development trust.
  • Determined a dispute between the directors and management, as to the value of business for the purpose of management buy-out.
  • Determined an internal dispute in a large not for profit organisation between the board and members, as to the register of members entitled to vote at AGM as well as scrutinizing votes and validity of members resolutions at AGM.
  • Determined a dispute between the directors and venture capital fund, as to the fair value of shares and entitlement to remove directors for beach pursuant to terms of venture capital funding agreement.
  • Appointed to determine a dispute between a strata owners corporation and caretaker, as to the fair market remuneration of caretaker.
  • Determined a dispute between shareholders in a software development company, as to the fair value of shares pursuant to a put option under a shareholders agreement.
  • Determined a dispute between beneficiaries, as to apportionment of liability for land tax pursuant to the terms of a trust deed.
  • Determined a dispute between the directors and management, as to the value of intellectual property and shares for the purpose of management buy-out.
  • Determined a dispute between the vendors and purchasers of a furniture manufacturing business, as to the fair value of shares pursuant to an option agreement as well as the calculation CGT liability and concessions.
  • Determined a dispute dealing with the assignment of copyright in a R&D company and the apportionment of R&D concessions.
  • Determined a dispute between a legal publishing company and authors, as the value of copyright in published works.
  • Determined a dispute between investors and a production company, as to “good root of title” in copyright of a film.
  • Determined a dispute between a manufacturer and professional surfer, as to royalties and entitlements to performance incentives under the terms of a sponsorship agreement.
  • Determined a dispute between a film producer and distributor and professional sportsperson, as to royalty entitlements.
  • Determined a dispute between a franchisor and franchisee, as to fair value of franchise business for purpose of takeover as a result of breach of franchise agreement.
  • Appointed to determine a dispute between a company and one of its directors, as to whether the director derived any personal benefits without obtaining the informed consent of the board and quantified the monetary value of those benefits.
  • Appointed to determine the credit worthiness of investor in a property development.

Tags: Accounting, Expert Accountant, Expert Determination, Forensic Accounting, Loss of Profit, Valuation