Tucker and Kennedy both lawyers (and officers of the court) knew the obstacles that a Liquidator would have in pursing an action against them and thought f#ck it, its worth the risk. It'll be near on impossible for them to get a litigation funder involved and even it they do, we'll drag the matter on an on and on for years with interlocutory applications to have the matter struck out, whilst incurring heavy costs on the liquidators. This was done in the hope that the litigation funders would give up.
Surprise surprise the litigation funder has stayed the course and Stephen Russell has outmanoeuvred Tucker & Cowen and their respective solicitors DLA Piper and Bartly Cohen at every turn...