Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed...

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} pwe 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company) ACN6o5 j6S2E9 Initial Information for creditors - Appointment of Liquidators On z6 November zor8, Grant Sparks and I, Michael Owen were appointed Liquidators by special resolution of the member of the Company passed at a duly convened meeting. The Company had ceased trading prior to our appointment and will not trade during the Liquidation. According to the Company's records, you may be a creditor of the Company. We are writing to provide you with information about the liquidation and your rights as a creditor. What is a creditor's voluntar5rliquidation? A creditors'voluntary liquidation, or CVL, is a liquidation initiated by the company where the company is unable to pay all of its creditors in full. This means that the company is insolvent. What happens to your debt? As Liquidators, we are not in a position to discharge debts incurred bythe Company prior to our appointment. These debts will rank as unsecured claims against the Company and payment of these amounts is dependent upon the outcome of the liquidation. You may provide details of your claim against the Company by completing the enclosed Proof of Debt Form 535 and returning it to us via email to [email protected]. If you have leased properry to the Company, have a retention of title claim or hold a Personal Property Security in relation to the Company, please contact our office. Cessation of trading We do not accept any liability for payment of goods ordered or services rendered during the period of the liquidation, unless otherwise agreed in writing by us. If you have any incomplete orders placed by the Company prior to our appointment, they should not PriceuqterhouseCoopers, ABN gz 78o 4SS 757 48o Queen Street, BRISBANE QLD 4ooo, GPO Boxt5o, BRISBANEQLD 4oot T: +6t 7 3257 5ooo, F: +6t 7 3257 5ggg,uwupwecom.au Liability limited by a scheme approved under Professional Standards Legislation.

Transcript of Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed...

Page 1: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

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10 December 2o1B

To the creditor as addressed

Dear Sir/Madam

David Evans Group (Queensland) PtyLtd(In Liquidation) (the Company)ACN6o5 j6S2E9

Initial Information for creditors - Appointment of Liquidators

On z6 November zor8, Grant Sparks and I, Michael Owen were appointed Liquidators by specialresolution of the member of the Company passed at a duly convened meeting. The Company hadceased trading prior to our appointment and will not trade during the Liquidation.

According to the Company's records, you may be a creditor of the Company. We are writing to provideyou with information about the liquidation and your rights as a creditor.

What is a creditor's voluntar5rliquidation?

A creditors'voluntary liquidation, or CVL, is a liquidation initiated by the company where thecompany is unable to pay all of its creditors in full. This means that the company is insolvent.

What happens to your debt?

As Liquidators, we are not in a position to discharge debts incurred bythe Company prior to ourappointment. These debts will rank as unsecured claims against the Company and payment of theseamounts is dependent upon the outcome of the liquidation.

You may provide details of your claim against the Company by completing the enclosed Proof of DebtForm 535 and returning it to us via email to [email protected].

If you have leased properry to the Company, have a retention of title claim or hold a Personal PropertySecurity in relation to the Company, please contact our office.

Cessation of trading

We do not accept any liability for payment of goods ordered or services rendered during the period ofthe liquidation, unless otherwise agreed in writing by us.

If you have any incomplete orders placed by the Company prior to our appointment, they should not

PriceuqterhouseCoopers, ABN gz 78o 4SS 75748o Queen Street, BRISBANE QLD 4ooo,GPO Boxt5o, BRISBANEQLD 4ootT: +6t 7 3257 5ooo, F: +6t 7 3257 5ggg,uwupwecom.au

Liability limited by a scheme approved under Professional Standards Legislation.

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be completed unless you receive written confirmation from us.

Any sums becoming due to the Company after our appointment must be paid in full and no "set-offs"will be allowed.

Contracts / agreements

All known contracts are currently being reviewed and we will advise the status of them as soon as

practicable.

We expressly advise that we have not adopted any contracts or liabilities of the Company in existenceat the date of our appointment unless we notify you to that effect in writing.

In the meantime, payment for use of any goods or services is not an adoption of any contract orliability by the Liquidators.

Your rights as a creditor

Please refer to the enclosed information sheet, "Creditor Rights in Liquidation" prepared by theAustralian Restructuring Insolvency & Turnaround Association (ARITA).

We wish to draw your attention to the special right to request a meeting in the first zo business days ofa creditors' voluntary liquidation. If we receive a reasonable request for a meeting from at least S% ofknown creditors that are not related entities of the Company, we are required to hold a meeting. Thedetails of whether a request is reasonable or not is included in the information sheet enclosed.

Prior Involvement and Independence

We enclose a copy of our Declaration of Independence, Relevant Relationships and Indemnities(DIRRI), which provides details of any relevant relationships that we have, and any indemnities orupfront payments that have been provided to us.

We have considered each relationship and it is our opinion that none of the relationships as disclosedin the DIRRI result in any conflict of interest or duty, or affect our independence.

Summaryof the Company's affairs

On 7 December zorS the Company's director provided a completed Report on CompanyActivities andproperty (ROCAP) and a Summary of Affairs (form 5o9) regarding the financial status of theCompany at the date of our appointment.

A copy of the form 5o9 and a list of creditors which notes those that are related entities is enclosed.

Progress of liquidation

Since our appointment, we have commenced an assessment of the Company's financial position todetermine the Company's assets and liabilities.

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All statutory notifications to the Australian Securities and Investments Commission (ASIC) and theAustralian Taxation Office (ATO) have been attended to and insurance arranged over the Company'sassets.

Sale of Business

The Company entered into three sale agreements prior to our appointment as follows:o Asset sale agreement between the Company and M\iIIFA Pty Ltd ACN 624 5zt 875 dated 13

August zorS. Sale of business agreement between the Company and Harvey Black Group Pty Ltd ACN o69

g4g 460 ATF HFB Unit Trust dated zo September zor8. Sale of business agreement between the Company and Postville Pty Ltd ACN oS7 zor 626

dated zz June zor8.

We will complete a review of the agreements as part of our investigations.

Debtors

We are currently investigating the potential value of debtors owing to the Company and are issuingdebtors a circular advising outstanding balances are to be paid to the liquidation bank account.

Plsnt and. Equipment

The ROCAP indicates the Company owns four motor vehicles, a quantity of pallet racking and variousIT Equipment of minimal value. These items do not appear to have been transferred as part of anybusiness sale. We will finalise investigations into the most commercial manner to realise these assets.

Afurther update will be provided in the next report to creditors.

RealPropertg

We have not discovered any real property owned by the Company

Etnplogees

We are advised all employees had their employment terminated prior to our appointment and allentitlements paid. The ROCAP however indicates $r,569 is owed to employees for unpaidsuperannuation entitlements. We will review the Company's books and records to confirm thisposition and will liaise with the former employees as necessary.

Inuesfdgctions

As Liquidators, we have a duty to undertake investigations in respect of the Company and are able toexamine transactions which occurred prior to our appointment to determine if they are voidable. Atthis stage we are in the process of gathering information to complete these investigations. If anypotentially voidable transactions are identified, this may result in additional realisations for theCompany.

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Costs of the liquidation

We enclose a copy of our Initial Remuneration Notice. This document provides you with informatibnabout how we propose to be paid for undertaking the liquidation.

We may write and ask that you approve our remuneration for the work which we do in completing theliquidation. If we do, we will provide you with detailed information so that you can understand whattasks we have undertaken and the costs ofthose tasks.

What happens next?

We will proceed with the liquidation, including:

sale of Company assets identified,

pursuing debtor recoveries,

review ofthe business sale,

investigating the Company's affairs, and

reporting to the corporate regulator, ASIC.

If we receive a request for a meeting that complies with the guidelines set out in the Creditor Rightsinformation sheet, we will hold a meeting of creditors.

We will provide you with an update on the progress of our investigations and advise whether adividend is likely in a further report to creditors. This report will be issued on or beforez5 February zor9.

We may then write to you again after that with further information on the progress of the liquidation.

Where can you get more inforrnation?

ARITA provides information to assist creditors with understanding liquidations and insolvency. Thisinformation is available from ARITlt's website at arita.com.au/creditors.

ASIC also provides information sheets on a range of insolvency topics. A copy of ASIC's "Liquidation:A guide for creditors" information sheet is enclosed. Further information sheets can be accessed onASIC's website at asic.gov.au (search for "insolvency information sheets").

You may also elect to receive future notices and other documents electronically (by email). Should you

wish to do so, please complete the enclosed "Creditors Electronic Communication Method Approval"form and return it to this office.

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If you have any queries in relation to the information provided, please contact Liam Barnes on 07 g2S76o7. or [email protected].

Yours faithfully

77---Michael Owen

Liquidator

Enc

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List ofAttachtnents

r. Creditors Electronic Communication Method Approval Form

2. A Declaration of Independence, Relevant Relationships and Indemnities (DIRRI)

3. Form 5o9 andlist of known creditors

4. Information Sheets

(i) ARITA: Creditors Rights in Liquidation

(ii) ASIC: Liquidation guide for creditors

s. Proof of Debt ("POD") Form 535

6. Initial Remuneration Notice

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David Evans Group (Queensland) Pty Ltd (In Liquidation) ACN 605 765 259 ABN 11 605 765 259 (the Company)

Corporations Act 2001 Section 600G

Insolvency Practice Rules (Corporations) – 75-10

CREDITOR’S APPROVAL TO THE USE OF EMAIL BY THE EXTERNAL ADMINISTRATOR WHEN GIVING OR SENDING CERTAIN NOTICES UNDER SECTION 600G

OF THE CORPORATIONS ACT 2001 Should you wish to receive notices and documents relating to the administration of David Evans Group (Queensland) Pty Ltd by email, please complete this form and return it to [email protected]. I/We authorise the External Administrators on behalf of the Company and their employees and

agents to send and give notices and documents where such notices and documents may be sent by email to me/us using the email address provided below.

Signature:

Creditor name:

Creditor address:

Contact name:

Position:

Email Address:

Contact number:

Return to: David Evans Group (Queensland) Pty Ltd (In Liquidation) C/- PricewaterhouseCoopers Via Email: [email protected] Via Post: GPO Box 150, Brisbane QLD 4001

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Declaration of Independence, Relevant Relationships and Indemnities

David Evans Group (Queensland) PtyLtd(In Liquidation) (the Company)ACN6oS j6S2S9

Practitioners appointed to an insolvent entity are required to make declarations as to:

A. their independence generally

B. relevant relationships, including:i. the circumstances of the appointmentii. any relationships with the Company and others within the previous z4 monthsiii. any prior professional services for the Company within the previous z4 monthsiv. that there are no other relationships to declare

C. any indemnities given, or up-front payments made, to the Practitioners.

On r August zor8, PPB Advisory merged with PricewaterhouseCoopers (PwC). As a result, themajority of PPB Adviso4y's partners and staffjoined PwC.

This declaration is made in respect of us, the partners and staffof PwC, and all members of thePwC global network in Australia.

A. IndependenceWe, Michael Owen and Grant Sparks of PwC, level 23, 4Bo Queen Street, Brisbane Qld 4ooo,have undertaken a proper assessment ofthe risks to our independence prior to accepting theappointment as joint and several Liquidators of the Company in accordance with the law andapplicable professional standards. The assessment included a review of PPB Advisory mattersfor the z4 month period prior to accepting the appointment as Liquidators.

This assessment identified no real or potential risks to our independence. We are not aware ofany conflicts at the time of our appointment or any reasons that would prevent us fromaccepting this appointment.

In the event that any conflict arises, we will seek independent legal advice or court directions ifappropriate.

In the event that this declaration needs to be updated we will issue a written notice to all knowncreditors as per the Company's records.

B. Declaration of Relationships

i. Circumstances of appointment

This appointment was referred to us by Garry Hamilton of Taylor David Lawyers, advisor actingfor the Company.

We confirm we had no prior meetings with the director of the Company prior to ourappointment.

We had a number of email and telephone exchanges with Garry Hamilton of Taylor DavidLawyers prior to our appointment for the purposes of:

1. understanding the financial situation of the Company

2. explaining the consequences of insolvency

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3. clarifying the alternative courses of action available to the insolvent in the case of insolvency

4. discussing PwC's internal independence review process and

5. estimation of timeframe and commence the liquidation process.

Communication with Garry Hamilton of Taylor David Lawyers is summarised as follows:

Garry Hamilton contacted Michael Owen on 7 November zorS to discuss the company's

background and request he complete independence checks to confirm there is no reason he

should not take the appointment.

Independence investigations commenced on 8 November zor8 when it was agreed, subjectto their being no concerns raised by the secured creditor Westpac Banking Corporation, thatthere are no independence issues that would preclude Michael Owen and Grant Sparks

being appointed liquidators of the company.

Garry Hamilton was advised on rz November zorS that his client's consent would be

required before we contacted Westpac Banking Corporation, and he advised the company's

director would defer any further action until after r9 November zor8 when settlement was

completed for the sale of a property Westpac Banking Corporation held as security.

Garry Hamilton advised on 19 November zorg that his client consented to PwC staffcontacting Westpac Banking Corporation to discuss the proposed appointment ofliquidators to the company.

Telephone calls and emails with Garry Hamilton on zo and zr November zor8 to discuss

the status ofthe independence checks.

Documents required to effect the appointment were emailed to Garry Hamilton on zz and

z3 November zor8.

In our opinion, these communications do not affect our independence, as the advice was given

to the Company and its advisor and not to the director personally. Further, the advice was

restricted to the limitations imposed by Principle z of the Code of Professional Practice inrelation to pre-appointment advice. Further, the advice provided is unlikely to be subject toreview during the administration and would not impact on compliance with our statutory and

fiduciary duties. It is for these reasons that the advice does not, in our opinion, give rise to aconflict of interest or duty.

We did not receive any remuneration for this advice.

We did not provide other information or advice to the Company, its director or advisor prior toour appointment, beyond that outlined in this Declaration of Independence, Relevant

Relationships and Indemnities (DIRRI).

ii. Relevant relationships (excluding professional services to the insolvent)

PwC undertakes assignments for a large number of corporate and government entities inAustralia and may have acted for some creditors of the Company. We are not aware of any such

relationship that would influence our ability to be able to fully comply with the statutory andfiduciary obligations associated with the liquidation of the Company in an objective andimpartial manner.

The partners and staff of PPB Advisory who joined PwC from r August zor8 may have

previously acted for some creditors of the Company. We are not aware of any such relationshipthat would influence our ability to be able to fully complywith the statutory and fiduciaryobligations associated with the liquidation of the Company in an objective and impartialmanner,

We, or a member of our firm, have, or have had within the preceding z4 months, a relationshipwith:

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Westpac Banking Corporation, CNH Industrial Capital Australia Pty Limited, CNIIIndustrial Australia Pt'' Ltd, Classic Funding Group, Pt!' Ltd, Classic Finance Pty Ltd,Classic Cash Flow Solutions Pty Ltd, Classic Clean Enerry Finance Pt'' Ltd, Ausco ModularPty Limited, The Leasing Centre Pty Ltd (the Security Holders)

Nature of relationship Reasons whyno conflict of interest or duty

Westpac Banking Corporation and CNH IndustrialCapital Australia fty Ltd hold circulating securityinterests over the Company's property. The otherSecurity Holders have registered PMSI securityinterests over specific assets of the Company. Wehave professional relationships with the majority ofthe major banks and lenders in Australia and with anumber of staffwithin the Security Holders'organisations, particularly in the credit andworkout areas.

PwC is the auditor of Westpac BankingCorporation.

Taylor David Lawyers

Nature of relationship

Taylor David Lawyers is an advisor to the Companyand referred this matter to us.

Dr. Garry Hamilton of Taylor David Lawyers is alsoknown to us from his period of employment withMinter Ellison Lawyers.

Grant Thornton

Nature of relationship

Grant Thornton is the external accountant for thecompany. One of the appointees, Michael Owen,was a previous employee of Grant Thornton,ceasing in zoro.

Various Practitioners within PwC are members ofpanels for appointments as liquidators andbankruptcy trustees.

We believe that these relationships do not result ina conflict of interest or duty because our previousrelationships with the Security Holders were not inrelation to the Company's and/or the director'saffairs, or related parties of the Company and/orthe director.

Our appointment was made by the member of theCompany and not by any of the Security Holders.

Reasons why no conflict of interest or duty

We believe that this relationship does not result ina conflict of interest or duty because it is purely aprofessional relationship and referrals fromsolicitors, business advisors or accountants arecommonplace and do not impact on ourindependence in carrying out our duties asliquidators.

Reasons whyno conflict of interest or duty

We believe this former relationship does not resultin a conflict of interest or duty because it is not arelationship with the Company and hisemployment with Grant Thornton ceasedapproximately eight years prior to his appointmentas liquidator of the Company.

We believe that these relationships do not result ina conflict ofinterest or duty. Our previousrelationship with unsecured creditors has not beenand is not in relation to the Company's affairsand/or the Company's Director or related parties ofthe Company

Deputy Comrnissioner of Taxation, \rVorkcover and/or major banks (unsecured creditors)

Nature of relationship Reasons why no conflict of interest or duty

Page 11: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

iii. Prior professional services to the insolvent

Neither we, nor the firms (i.e. PPB Advisory and PwC), have provided any professional servicesto the Company in the previous z4 months.

iv. No other relevant relationships to disclose

There are no other known relevant relationships, including personal, business and professionalrelationships, from the previous z4 months with the Company, an associate of the Company, aformer insolvency practitioner appointed to the Company or any person or entity that hassecurity over the whole or substantially the whole of the Company's property that should bedisclosed.

C. Indemnities and up-front paymentsWe have been provided with the following indemnities (and/or up-front payments forremuneration) for this administration.

Name of party Robin Evans FamilyTrust

Relationship with the Company/Director The trustee company is Beagrove Pty Ltd. Acompany search has identified Kurt Evans, the soledirector of the Company, is also the sole directorand sole shareholder ofBeagrove Pty Ltd

Type ofpayment Upfront Payment

Amount $ro,ooo.oo

What the indemnity or upfront payment covers Liquidators' remuneration, disbursements andliabilities associated with the liquidation of theCompany

Where are the funds held (if received upfront) Taylor David Lawyers'trust account

Any restrictions on the use of the funds No restrictions

This does not include statutory indemnities. We have not received any other indemnities orupfront payments that should be disclosed.

Dated *is )4fuday of November 2o1B

Michael OwenLiquidator

Sparks

Nofe:

1. lf circumstances change, or new information is identified, we arc required under the Corporations Act2001 and the Australian Restructuing lnsolvency & Tumarcund Association (ARITA) Code ofProfessional Pnctice to update this Declaration and provide a copy to creditors with our nextcommunication as well as table a copy of any rcplacement declaration at the next meeting of thei n solve nt's creditors.

2. Any relationships, indemnities or up-frcnt payments disclosed in the DIRRI must not be such thatthePractitioner is no longer independent. The purpose of components B and C of the D/RR/ is fo dsc/oserelationships that, while they do not rcsult in the Practitioner having a conflict of interest or duty,ensurc that crcditors are aware of those relationships and understand why the Practitionerneve fthele ss rc m ai n s i ndependent.

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Page 12: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Australian Securities &lnvestments Commission

Form 509Corporations Act 2001

qs7(1XaXi)

Presentation ofsummary of affairs of a companylf there is insuff ioient space in any seclion of the fom, you may attach an annexure and submit as part of this lodgementRelated forms:5604 lnformalion about lhe company's affairs sent lo credilors

Gompany detailsname

ACN

605 765 259

GROUP

Who should ASIC contact if there is a query about this form?Lodgement details

An image of this form will be available as

part of the pubtic register.

AStC number

Contact

<^Anumber business

Email address

Postal address

tSuburb/City Postcode

Summary of assets and liabilities

Date to which summary is made

Page 1 of 3

Page 1 r

ASIC Form 500 1 September 201I

Page 13: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Continued,., Summary of assets and liabilities

Assets not specilically subject to security interest

(a) interest in land

(b) sundry debtors

(c) cash on hand

(d) cash at bank

(e)stock

0 work in progress

(g) plant and machinery

(h) other assets

Sub-total

Assets sublect to specific security interests

Less amounts owing

Total Assets

Total Estimaled Realisable Values

Less amounts payable in advance of secured creditor(s) including employee

enlitlements

Valuation

(for each enty show whother cost or

netbook amount)

I

1,804,592

Estimated

Realisable Values

81,058

$

2

3

($ )

($ )

4 Less amounls owing and secured by debenture or circulating security

interests over assets

5 Less preferential claims ranking behind secured creditors

6 Less balances owino to partly secured creditors

TotalClaims

Security Held

7 Less creditots (Unsecured)

Amount claimed

Add contingent assels

Estimated to produce

Less contingent liabilities

Eslimated to rank

Estimated deficiency or

Estimated surplus

Subject to costs of administration or

Subject to costs of liquidation

)($

($ l

11 17

I

s

X

X

A$lC Fom 500 l September20'17

$ 4,430,859

traac ? r

$hare capital $

lssued $

Paid Up $

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Signature

This form must be signed by a director,

secretary or liquidator.

Name of

Date signed

An,AA,nWtD Dl tM Ml tf Yl

KURT MACOUARIE FVANS

DIRECTOR

Lodgement Send completed and signed forms to:

Australian Securities and lnve$ments Commission,

PO Box 4000, Gippsland Mail Centre VIC 3841.

For more information

Web www.asic.gov.au

Need help? wunr.asic.gov.adquestion

Telephone 1300 300 630

Page 3 of 3

Paoe 3 r

ASIC Fom 508 1 September 2017

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Creditor ListingDAVIEVA - David Evans Group (Queensland) Pty Ltd (In Liquidation)All Creditors

UNSECURED CREDITORS

AddressCreditor Name RATA Advised Claimed Trans IDRelated

PartyAdfx-advertising Fx & Consultants PO Box 1544 BUDERIM QLD 4556 1,210.00 1,210.00 0.00 1961515Ag Accessories 103 Trafalgar South Road TRAFALGAR VIC 3824 126.00 126.00 0.00 1961368AGL Sales Pty Limited GPO Box 478 BRISBANE QLD 4001 7,813.23 7,813.23 0.00 1961369Agpoint Australia Borrow Street FREELING SA 5372 5,879.66 5,879.66 0.00 1961370Ag-Pride Australia Pty Ltd 23 Galleghan Street Hexham NSW 2322 37,653.22 37,653.22 37,653.22 1960996Agricultural Requirements PO Box 1 GATTON QLD 4343 192.23 192.23 0.00 1961371Air Liquide Pty Ltd 754 Progress Rd WACOL QLD 4076 1,057.85 1,057.85 0.00 1961440Alan Walker Pty Ltd 9 High Street BOONAH QLD 4310 1,435,193.00 1,435,193.00 0.00 1961735YESAlemlube Pty Ltd 342 Green Street SYDNEY NSW 2000 1,214.67 1,214.67 0.00 1961373ALL LIFTING 1952 Hume Highway Campbellfield VIC 3061 288.06 288.06 0.00 1961508Allclass Construction Equipment 7 Neon Street MT OMMANEY QLD 4074 155.79 155.79 0.00 1961372Alloy & Stainless Products 359 MacDonnell Road CLONTARF QLD 4019 1,626.42 1,626.42 0.00 1961378Amp Society Gpo Box 1404 BRISBANE QLD 4001 1,430.20 1,430.20 0.00 1961374Ant International Pty Ltd 44 Suscatand Street ROCKLEA QLD 4106 899.36 899.36 0.00 1961376Anuha Services 10 East Street GATTON QLD 4343 135.00 135.00 0.00 1961494Ashdown Ingram 5 Viola Place BRISBANE AIRPORT QLD 4007 3,407.24 3,407.24 0.00 1961377Associated Scale Services 4/47 Learoyd Road ACACIA RIDGE QLD 4110 959.20 959.20 0.00 1961516ATV Mechanical Pty Ltd Shed 4, 37 Western Drive GATTON QLD 4343 736.00 736.00 0.00 1961379Australasian Machinery Dealer PO Box 1050 WAGGA WAGGA NSW 2650 2,175.80 2,175.80 0.00 1961502Auto Electrics Qld 229 Nambour Connection Road WOOMBYE QLD

4559 1,168.19 1,168.19 0.00 1961495

Auto-it Australia Pty Ltd PO Box 456 CARLTON SOUTH VIC 3053 12,887.60 12,887.60 0.00 1961380Autosmart Southwest Queensland PO Box 6637 CLIFFORD GARDENS QLD 4350 92.40 92.40 0.00 1961529Bar Group Pty Ltd 1/105 Mulgrave Road MULGRAVE NSW 2756 70.31 70.31 0.00 1961382Beagrove 1 - Nambour Robin Evans 318 Taylor Street TOOWOOMBA QLD 4350 19,868.43 19,868.43 0.00 1961534YESBeagrove No. 3 (Gatton) 154,262.73 154,262.73 0.00 1961518YESBeagrove No. 4 (Toowoomba) 469,001.31 469,001.31 0.00 1961519YESBeagrove Pty Ltd 9 High Street BOONAH QLD 4310 330,256.00 330,256.00 0.00 1961736YESBearcat Tyres Pty Ltd 2-10 Amax Avenue GIRRAWEEN NSW 2145 761.75 761.75 0.00 1961385Beaurepaires Gatton-Goodyear 37 Western Drive GATTON QLD 4343 3,834.00 3,834.00 0.00 1961384Beaurepairs Lawnton 663 Gympie Road LAWNTON QLD 4501 1,110.00 1,110.00 0.00 1961542Beutels Transport Pty Ltd Cnr Buckland & Condamine St TOOWOOMBA

QLD 4350 562.67 562.67 0.00 1961387

Biggin Hill (Queensland) Pty Ltd PO Box 154 BOONAH QLD 4310 43,328.26 43,328.26 0.00 1961535YESBlack Truck Sales Po Box Wp47 TOOWOOMBA QLD 4350 10,869.88 10,869.88 0.00 1961428BMS Mitre 10 PO Box 822 TOOWOOMBA QLD 4350 58.95 58.95 0.00 1961388BOC Limited 10 Julius Avenue  NORTH RYDE NSW 2113 233.83 233.83 0.00 1961389Bolts & Industrial Supplies 5 Project Street SALISBURY QLD 5107 242.09 242.09 0.00 1961381Boonah Carrying Co Pty Ltd 9 Mt French Road BOONAH QLD 4310 1,183.44 1,183.44 0.00 1961383Brake & Clutch Supplies Gatton PO Box 148 GATTON QLD 4343 355.30 355.30 0.00 1961530Browns Office Choice Po Box 2126 TOOWOOMBA QLD 4350 697.44 697.44 0.00 1961390BSC Motion Technology- Bearing 18 Worth St CHULLORA NSW 2190 6,404.59 6,404.59 0.00 1961386BTP Services Pty Ltd T/A Btphub PO Box 3355 DARRA QLD 4076 12,873.30 12,873.30 0.00 1961532Burson Automotive Pty Ltd 61 Gower Street PRESTON VIC 3072 3,358.75 3,358.75 0.00 1961391Bus Queensland (Toowoomba Transit 308 Taylor Street TOOWOOMBA QLD 4350 17.85 17.85 0.00 1961541Campbell Fabricating & Engineering 51 Zabel Road LOCKROSE QLD 4342 1,039.50 1,039.50 0.00 1961392Carpenter Automotive 67 Crescent Street GATTON QLD 4343 15.88 15.88 0.00 1961393Cbc Australia Pty Ltd-qld Division P O Box 2121 REGENCY PARK SA 5010 278.22 278.22 0.00 1961401Century Yuasa Batteries Pty Ltd PO Box 427 GOODNA QLD 4300 1,217.19 1,217.19 0.00 1961394Challenge Implements 29-31a Leewood Drive ORANGE NSW 2800 12,568.13 12,568.13 0.00 1961395Charlton Tyre Service-CTS Nominees 78 Carrington Road TOOWOOMBA QLD 4350 30.00 30.00 0.00 1961396CK9-SAS Po Box 4969 SUNSHINE COAST MC QLD 4560 660.00 660.00 0.00 1961397Clark Equipment Sales Pty Ltd 89 Colebard St West Acacia Ridge QLD 4110 1,501.84 1,501.84 1,501.84 1960975Clark Rubber Toowoomba 23-25 Prescott Street TOOWOOMBA QLD 4350 8.65 8.65 0.00 1961398Cleanequip PO Box 2084 TOOWOOMBA QLD 4350 410.00 410.00 0.00 1961399Colourstop Pty Ltd 400 Taylor Street TOOWOOMBA QLD 4350 286.24 286.24 0.00 1961402Comtech-west Business Technology PO Box 2286 TOOWOOMBA QLD 4350 288.65 288.65 0.00 1961406Contract Hydraulics Pty Ltd 78 Enterprise Street KUNDA PARK QLD 4556 816.46 816.46 0.00 1961403CoolDrive Distribution 22-28 Lexton Road BOX HILL VIC 3128 4,004.37 4,004.37 0.00 196154610/12/2018 12:27 PM 1Page

Page 16: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

UNSECURED CREDITORS

AddressCreditor Name RATA Advised Claimed Trans IDRelated

PartyCooper Fluid Systems-coventry Group 152 Cobalt St GOODNA QLD 4300 247.50 247.50 0.00 1961525Csw Products-central Spring Works 25 Power Road BAYSWATER VIC 3153 119.32 119.32 0.00 1961405D & D Machinery Pty Ltd Mackay Avenue GRIFFITH NSW 2680 22.52 22.52 0.00 1961407Daimler Trucks Toowoomba 351 Taylor Street TOOWOOMBA QLD 4350 2,315.32 2,315.32 0.00 1961550Demag Cranes & Components P/l 92 Long Street SMITHFIELD NSW 2164 359.70 359.70 0.00 1961411Deputy Comissioner of Taxation PO Box 9003 Penrith NSW 2740 Australia 783,312.00 783,312.00 702,459.98 1961556Diesel Care (aust) Pty Ltd Po Box 156 DALBY QLD 4405 2,877.00 2,877.00 0.00 1961408Digga Australia Pty Ltd 4 Octal Street YATALA QLD 4207 114,423.19 114,423.19 0.00 1961409Dove Hygiene Service P O Box 31 HARLAXTON QLD 4350 297.00 297.00 0.00 1961512Dover & Sons 57 High Street BOONAH QLD 4310 70.20 70.20 0.00 1961410Duncan Ag 4b Silverton Close LAVERTON NORTH VIC 3026 31,403.61 31,403.61 0.00 1961400El-gra Engineering Pty Ltd 21 Central Ave NOWRA SOUTH NSW 2541 40,986.99 40,986.99 0.00 1961413Enzed Toowoomba 325-327 Taylor Street TOOWOOMBA QLD 4350 1,280.61 1,280.61 0.00 1961414E-plas Pty Ltd-closed 24.09.14 Po Box 1511 TULLAMARINE VIC 3043 660.00 660.00 0.00 1961415Farm Supplies Machinery & Po Box 9 COOPERS PLAINS QLD 4108 1,110.12 1,110.12 0.00 1961416Fasterners PO Box 5425 BRENDALE QLD 4500 337.73 337.73 0.00 1961543Followmont Transport PO Box 1597 Eagle Farm BC QLD 4009 293.36 293.36 0.00 1961417Foxlights Australia Pty Ltd 3825 Trunkey Road CALOOLA NSW 2795 896.00 896.00 0.00 1961548Gaa&p Randello P/l 285 Diggers Road WERRIBEE SOUTH VIC 3030 59,417.95 59,417.95 0.00 1961460Gatton Auto Electrical Pty Ltd 2/37 Western Drive GATTON QLD 4343 1,446.41 1,446.41 0.00 1961419Gatton Bearing Co 37 Western Drive GATTON QLD 4343 53.90 53.90 0.00 1961418Gatton Gas 40 Cumners Road GATTON QLD 4343 191.00 191.00 0.00 1961531Gatton Petroleum 91 Railway Street GATTON QLD 4343 701.78 701.78 0.00 1961547Gatton Spare Parts 59 Railway Street GATTON QLD 4343 195.35 195.35 0.00 1961420Goebbels Machinery Pty Ltd Po Box 375 DALBY QLD 4405 110.00 110.00 0.00 1961422Goldacres Trading - Parts/wholesale 1-3 North Western Road ARNAUD VIC 3478 1,684.15 1,684.15 0.00 1961423Grainline Po Box 2079 WAGGA WAGGA NSW 2650 4,802.88 4,802.88 0.00 1961424Grant Thornton Australia Ltd Level 18 King George Central BRISBANE QLD

4000 39,638.36 39,638.36 0.00 1961527

Grays Mobile Welding Pty Ltd 15 Tenville Court DEEBING HEIGHTS QLD 4306 1,732.50 1,732.50 0.00 1961507Great Western Tillage 94 Buckland Street TOOWOOMBA QLD 4350 5,790.85 5,790.85 0.00 1961427Grizzly Engineering Pty Ltd 2 Mcallister Road SWAN HILL VIC 3585 87.56 87.56 0.00 1961425GS Burchmann 913 Ropeley Rockside Road GATTON QLD 4343 330.00 330.00 0.00 1961499HBS Wild & Co Pty Ltd 229 Murradoc Road DRYSDALE VIC 3222 906.53 906.53 0.00 1961488Hitachi Construction Machinery 539 Boundary Road ARCHERFIELD QLD 4108 454.22 454.22 0.00 1961446Hydrapower Pty Ltd 5 Terrence Road BRENDALE QLD 4500 7,418.92 7,418.92 0.00 1961430Hydraulic Sales 14 Eyers Street WYALLA PLAZA QLD 4350 1,663.27 1,663.27 0.00 1961431Inlon Pty Ltd 17 Catamaran Road OURIMBAH NSW 2258 345.35 345.35 0.00 1961432J & C Cleaning Service - EMG Facility 12 Progress Court TOOWOOMBA QLD 4350 2,205.14 2,205.14 0.00 1961435Jarrett Implements Pty Ltd 244 New Line Road DURAL NSW 2158 1,058.86 1,058.86 0.00 1961434Jj Richards & Sons Pty Ltd 145 North Street TOOWOOMBA QLD 4350 1,249.20 1,249.20 0.00 1961462John Shearer Ltd PO Box 2466 REGENCY PARK SA 5942 3,609.36 3,609.36 0.00 1961466Johnson's Tyrepower 124 Howard Street NAMBOUR QLD 4560 1,841.00 1,841.00 0.00 1961436Jstm Trade Tools 2 Prescott Street TOOWOOMBA QLD 4350 5.50 5.50 0.00 1961497K & K Plumbing Pty Ltd P O Box 5099 NAMBOUR QLD 4560 88.00 88.00 0.00 1961503Konnect-coventry Group Building 2, 660 MacArthur Ave Central

PINKENBA QLD 4008 451.02 451.02 0.00 1961459

Kubota Tractors (parts) 25-29 Permas Way TRUGANINA VIC 3029 157,139.77 157,139.77 0.00 1961439KUHN S.A. C/- Coface, Level 11, 1 Market Street SYDNEY

NSW 2000 282,449.89 280,869.74 0.00 1961250

Kustom Paint Place & Welding Cnr Blackall Street & Pine Grove RoadWOOMBYE QLD 4559

62.43 62.43 0.00 1961500Lockyer Couriers 11 Geisman Road LAIDLEY QLD 4341 1,182.50 1,182.50 1,182.50 1961253Lockyer Engineering PO Box 475 GATTON QLD 4343 1,924.46 1,924.46 0.00 1961441Lockyer Farm Machinery Pty Ltd 1 Western Drive GATTON QLD 4343 0.00 0.00 0.00 1961442Lockyer Printing Pty Ltd 3 Railway Street GATTON QLD 4343 205.30 205.30 0.00 1961443Macbro Industries Po Box 4094 ALFREDTON VIC 3350 2,630.53 2,630.53 0.00 1961444Mail Plus Darling Downs Studio 12 Pier 13 COCKATOO ISLAND NSW

2000 128.70 128.70 0.00 1961445

Martin Sand & Gravel T/A Cooks PO Box 120 GATTON QLD 4343 278.03 278.03 0.00 1961404Mcintosh & Son Dalby Pty Ltd 17563 Warrego Highway DALBY QLD 4405 2,182.54 2,182.54 0.00 1961448Metals R Us 485 Greenwattle Street TOOWOOMBA QLD

4350 21.02 21.02 0.00 1961447

MIGAS Limited Level 2, 1 Breakfast Creek Road Newstead QLD4006

1,665.71 2,641.81 2,641.81 196107210/12/2018 12:27 PM 2Page

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UNSECURED CREDITORS

AddressCreditor Name RATA Advised Claimed Trans IDRelated

PartyMirco Bros Machinery Po Box 1430 BIBRA LAKE WA 6163 220.39 220.39 0.00 1961493Motor Mecca 203 Anzac Avenue TOOWOOMBA QLD 4350 66.35 66.35 0.00 1961449Munro Engineers Pty Ltd Po Box 80 BALLARAT VIC 3350 542.30 542.30 0.00 1961450Neils Parts (australia) Pty Ltd 1/251 James Street TOOWOOMBA QLD 4350 220.00 220.00 0.00 1961451Neverfail Springwater Limited P O Box 786 WENTWORTHVILLE NSW 2145 70.25 70.25 0.00 1961505Newsxpress Gatton 6/6 Railway Street GATTON QLD 4343 60.99 60.99 0.00 1961452Nolans Interstate Transport 16 Brooking Drive GATTON QLD 4343 593.78 593.78 0.00 1961453Norm Engineering Pty Ltd 21 Spine Street MOUNT OMMANEY QLD 4074 31,723.28 31,723.28 0.00 1961454North Coast Diesel Service 5 Quarry Street NAMBOUR QLD 4560 323.00 323.00 0.00 1961496North Pine Motors Pty Ltd 1037 Gympie Road PETRIE QLD 4502 194.10 194.10 0.00 1961517Novena Leasing Pty Ltd PO Box 882 HAMILTON QLD 4007 93,170.00 93,170.00 0.00 1961540Nut & Bolt Factory 9 Gassman Drive YATALA QLD 4207 10.00 10.00 0.00 1961526Office Choice (jaybel Office Choice) Unit 5, 70 Fison Ave West EAGLE FARM QLD

4009 941.39 941.39 0.00 1961539

Paramount Ag Trust T/A Janke 18316 Warrego Highway DALBY QLD 4405 1,032.24 1,032.24 0.00 1961433Paxton-hall Lawyers Po Box 12088 BRISBANE QLD 4000 10,683.68 10,683.68 0.00 1961537Pedders Suspension Toowoomba 8 Wylie Street TOOWOOMBA QLD 4350 3,838.00 3,838.00 0.00 1961455Petrena Windscreens Pty Ltd 23 Dent Street TOOWOOMBA QLD 4350 1,280.00 1,280.00 0.00 1961456Pfg Australia Pty Ltd 199 Australis Drive DERRIMUT VIC 3030 2,526.63 2,526.63 0.00 1961457Pine Rivers Bearings Pty Ltd PO Box 560 Albany Creek QLD 4035 AUSTRALIA 27.30 27.30 0.00 1961544Pirtek (toowoomba) Pty Ltd Quantum Business Park TOOWOOMBA QLD

4350 24.26 24.26 0.00 1961458

Pirtek Ipswich 6/13 Turley Street IPSWICH QLD 4305 154.77 154.77 0.00 1961521Pirtek Lawton - Strathpine 15 Paisley Drive LAWNTON QLD 4501 120.09 120.09 0.00 1961549Porters Industrial Sales Po Box 720 NAMBOUR QLD 4560 33.45 33.45 0.00 1961510PSC Coast Wide Insurance Brokers 2/47 Ashmore Road BUNDALL QLD 4217 9,631.78 9,631.78 0.00 1961463Pumps & Sprays Po Box 475 RIVERSTONE NSW 2765 2,820.07 2,820.07 0.00 1961509Remserv Level 17, 69 Ann Street BRISBANE QLD 4000 463.85 463.85 0.00 1961522Repco Auto Parts 178 Herries Street TOOWOOMBA QLD 4350 1,375.30 1,375.30 0.00 1961461Reward Supply Co. Pty Ltd Po Box 768 TOOWOOMBA QLD 4350 277.56 277.56 0.00 1961421Rm Evans & S Fadinger (parts Dist 11 High Street BOONAH QLD 4310 11,910.54 11,910.54 0.00 1961520YESRoesner Pty Limited Lot 101 Turnbull Street HARVEY WA 6220 5,762.54 5,762.54 0.00 1961464Roy Gripske & Sons - T/A GA Power 11 Sodium Street NARANGBA QLD 4504 571.48 571.48 571.48 1961426Security Ops Po Box 421 CAPALABA QLD 4157 574.37 574.37 0.00 1961514SENSIS PTY LTD GPO BOX 9850 MELBOURNE VIC 3001 769.30 769.30 0.00 1961471Serafin Machinery P O Box 901 GRIFFITH NSW 2603 1,965.15 1,965.15 0.00 1961498Shipping Container Rentals (Brisbane) 2554 Ipswich Road DARRA QLD 4076 528.00 528.00 0.00 1961545Shore Electronics 13 Anthony Street TOOWOOMBA QLD 4350 400.00 400.00 400.00 1960973Signet Pty Ltd PO Box 1155 Capalaba QLD 4157 97.66 97.66 0.00 1961467Simplicity Australia Pty Ltd 18 Loudoun Road DALBY QLD 4405 2,245.73 2,245.73 0.00 1961468South Burnett Tractor Parts PO Box 28 WOOROOLIN QLD 4608 1,790.59 1,790.59 0.00 1961465South Qld Parcel Service Po Box 3075 TOOWOOMBA QLD 4350 129.47 129.47 0.00 1961528Sparex Australia Pty Ltd 81-83 Strzelecki Avenue SUNSHINE WEST VIC

3020 1,344.69 1,344.69 1,202.79 1961469

SPI Wheel Systems PO Box 638 GOSNELLS WA 6990 7,337.00 7,337.00 0.00 1961513Spotless Faciity Services P/l T/as 549 St Kila Road MELBOURNE VIC 3004 4,234.39 4,234.39 0.00 1961536Struts-n-stuff 18/11 Gardner Court TOOWOOMBA QLD 4350 61.65 61.65 0.00 1961470Subway Engineering 7 Hile Court Toowoomba QLD 4350 6,288.29 6,288.29 6,288.29 1960982Sunshine Coast Tilt Tray P O Box 134 COOLUM BEACH QLD 4573 6,560.00 6,560.00 0.00 1961524Telstra Locked Bag 5655 MELBOURNE VIC 3001 25,802.68 25,802.68 0.00 1961472Teys Delivery Service 79 Highland Park Rd MERINGANDAN QLD 4352 71.50 71.50 0.00 1961523The Recycling Centre Pty Ltd 56 Link Crescent COOLUM QLD 4573 5,115.00 5,115.00 0.00 1961538Tim Durre Hay Sales & Contracting 5 Ella Court DARLING HEIGHTS QLD 4350 3,448.50 3,448.50 0.00 1961506Titan Wheels Australia Pty Ltd 1000 Abernethy Road HIGH WYCOMBE WA

6057 46.20 46.20 0.00 1961375

TNT Express PO Box 559 Mascot NSW 1460 70.61 70.61 0.00 1961473Toowoomba Bearings & Hydraulic Pty 311 Taylor Street TOOWOOMBA QLD 4350 116.82 116.82 0.00 1961474Toowoomba Exhaust Centre 155 Mcdougall Street TOOWOOMBA QLD 4350 55.00 55.00 0.00 1961475Toowoomba Welding Supplies 500 Boundary Street TOOWOOMBA QLD 4350 855.14 855.14 0.00 1961478Toowoomba Wholesale Distributors 244 Anzac Avenue TOOWOOMBA QLD 4350 213.85 213.85 0.00 1961476Total Tools Toowoomba 394 South Street TOOWOOMBA QLD 4350 154.97 154.97 0.00 1961477Trelleborg Wheel Systems Australia P O Box 300 EPSOM VIC 3551 15,133.60 15,133.60 0.00 1961533TVH Australasia Pty Ltd-Bepco 735 Boundary Road RICHLANDS QLD 4077 8.80 8.80 0.00 1961479Ultrasafe Products Australia Pty Ltd 1 Main Street SA 5033 RICHMOND SA 5033 125.12 125.12 0.00 196148010/12/2018 12:27 PM 3Page

Page 18: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

UNSECURED CREDITORS

AddressCreditor Name RATA Advised Claimed Trans IDRelated

PartyValley Irrigation 64 Western Drive QLD 4343 169.65 169.65 0.00 1961481Valley Steel & Fencing 44 Tenthill Creek Road GATTON QLD 4343 141.60 141.60 0.00 1961483VANDERFIELD PO BOX 2010 TOOWOOMBA QLD 4350 1,048.88 1,048.88 0.00 1961482Vin Rowe Farm Machinery Pty Ltd 3 Endeavour Street WARRAGUL VIC 3820 3,634.70 3,634.70 0.00 1961484VTS Pty Ltd 17 Kitchener Street TOOWOOMBA QLD 4350 15,368.88 15,368.88 0.00 1961412Walterscheid Aust PO Box 2121 REGENCY PARK SA 5942 1,709.48 1,709.48 0.00 1961485Wards Transport Pty Ltd 98 Wyndham Street ROMA QLD 4455 25.97 25.97 0.00 1961501Webpointclassifieds Pty Ltd Locked Bag 9001 RICHMOND VIC 3121 877.80 877.80 0.00 1961486Westpac 1/45 High Street BOONAH QLD 4310 2,190.71 2,190.71 0.00 1961487Wideland Ag And Construction 55-57 Carrington Road TOOWOOMBA QLD 4350 33.50 33.50 0.00 1961511Wilsons Towing-Toowoomba 28 Brook Street TOOWOOMBA QLD 4350 2,024.00 2,024.00 0.00 1961489Wises Mobile Tyres 2a Tait Street TOOWOOMBA QLD 4350 275.50 275.50 0.00 1961429Woodlands Road Engineering Lot 3 Woodlands Road GATTON QLD 4343 355.00 355.00 0.00 1961490Workcover GPO Box 2459 BRISBANE QLD 4001 9,408.49 9,408.49 0.00 1961504Wormald-tyco Aust Pty Ltd Locked Bag 7241 SILVERWATER NSW 2128 1,105.19 1,105.19 0.00 1961491Wurth Australia Pty Ltd 2/1 Healey Road Dandenong South VIC 3175 114.03 114.03 0.00 1961492

4,471,836.07 4,471,232.02 753,901.91191Totals for Unsecured Creditors

10/12/2018 12:27 PM 4Page

4,471,836.07 4,471,232.02 753,901.91191Totals for All Creditors:

Page 19: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

ARITA ACN 002 472 362

Level 5, 191 Clarence Street, Sydney NSW 2000 Australia | GPO Box 4340, Sydney NSW 2001 t +61 2 8004 4344 | e [email protected] | arita.com.au

AUSTRALIAN RESTRUCTURING INSOLVENCY & TURNAROUND ASSOCIATION

Creditor Rights in Liquidations

Requests must be reasonable.

They are not reasonable if:

Both meetings and information:

(a) complying with the request would

prejudice the interests of one or

more creditors or a third party

(b) there is not sufficient available

property to comply with the request

(c) the request is vexatious

Meeting requests only:

(d) a meeting of creditors dealing with

the same matters has been held, or

will be held within 15 business days

Information requests only:

(e) the information requested would be

privileged from production in legal

proceedings

(f) disclosure would found an action

for breach of confidence

(g) the information has already been

provided

(h) the information is required to be

provided under law within 20

business days of the request

If a request is not reasonable due to (b),

(d), (g) or (h) above, the liquidator must

comply with the request if the creditor

meets the cost of complying with the

request.

Otherwise, a liquidator must inform a

creditor if their meeting or information

request is not reasonable and the

reason why.

As a creditor, you have rights to request meetings and information or take certain actions:

Right to request a meeting

Right to request

information

Right to give directions to

liquidator

Right to appoint a reviewing liquidator

Right to replace

liquidator

Right to request a meeting

Right to request information

In liquidations, no meetings of creditors are held automatically.

However, creditors with claims of a certain value can request in

writing that the liquidator hold a meeting of creditors.

A meeting may be requested in the first 20 business days in a

creditors’ voluntary liquidation by ≥ 5% of the value of the debts held

by known creditors who are not a related entity of the company.

Otherwise, meetings can be requested at any other time or in a court

liquidation by:

▪ > 10% but < 25% of the known value of creditors on the condition

that those creditors provide security for the cost of holding the

meeting

▪ ≥ 25% of the known value of creditors

▪ creditors by resolution, or

▪ a Committee of Inspection (this is a smaller group of creditors

elected by, and to represent, all the creditors).

If a request complies with these requirements and is ‘reasonable’,

the liquidator must hold a meeting of creditors as soon as

reasonably practicable.

Liquidators will communicate important information with creditors as

required in a liquidation. In addition to the initial notice, you should

receive, at a minimum, a report within the first three months on the

likelihood of a dividend being paid.

Additionally, creditors have the right to request information at any

time. A liquidator must provide a creditor with the requested

information if their request is ‘reasonable’, the information is relevant

to the liquidation, and the provision of the information would not

cause the liquidator to breach their duties.

A liquidator must provide this information to a creditor within 5

business days of receiving the request, unless a longer period is

agreed. If, due to the nature of the information requested, the

liquidator requires more time to comply with the request, they can

extend the period by notifying the creditor in writing.

Page 20: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

AUSTRALIAN RESTRUCTURING INSOLVENCY & TURNAROUND ASSOCIATION PAGE 2

12112 (LIQ) - INFO - CREDITOR RIGHTS INFORMATION SHEET V1_0.DOCX Version: July 2017

Creditors, by resolution, may give a liquidator directions in relation to a liquidation. A liquidator must have

regard to these directions, but is not required to comply with the directions.

If a liquidator chooses not to comply with a direction given by a resolution of the creditors, they must

document their reasons.

An individual creditor cannot provide a direction to a liquidator.

Creditors, by resolution, may appoint a reviewing liquidator to review a liquidator’s remuneration or a cost or

expense incurred in a liquidation. The review is limited to:

▪ remuneration approved within the six months prior to the appointment of the reviewing liquidator, and

▪ expenses incurred in the 12 months prior to the appointment of the reviewing liquidator.

The cost of the reviewing liquidator is paid from the assets of the liquidation, in priority to creditor claims.

An individual creditor can appoint a reviewing liquidator with the liquidator’s consent, however the cost of

this reviewing liquidator must be met personally by the creditor making the appointment.

Creditors, by resolution, have the right to remove a liquidator and appoint another registered liquidator.

For this to happen, there are certain requirements that must be complied with:

Meeting request Information and notice Resolution at meeting

Right to appoint a reviewing liquidator

Right to replace liquidator

Right to give directions to liquidator

A meeting must be reasonably

requested by the required

number of creditors.

Creditors must inform the

existing liquidator of the

purpose of the request for the

meeting.

Creditors must determine who

they wish to act as the new

liquidator (this person must be a

registered liquidator) and obtain:

▪ Consent to Act, and

▪ Declaration of

Independence, Relevant

Relationships and

Indemnities (DIRRI).

The existing liquidator will send

a notice of the meeting to all

creditors with this information.

If creditors pass a resolution

to remove a liquidator, that

person ceases to be

liquidator once creditors pass

a resolution to appoint

another registered liquidator.

For more information, go to www.arita.com.au/creditors

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Page 29: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)
Page 30: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)
Page 31: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)
Page 32: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)
Page 33: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)
Page 34: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Office use only – for voting purposes Accept Reject

ACN: 605 765 259 Subregulation 5.6.49(2)

FORM 535 Corporations Act 2001

FORMAL PROOF OF DEBT OR CLAIM (GENERAL FORM)

To the Liquidators of David Evans Group (Queensland) Pty Ltd (In Liquidation) (the Company) 1. This is to state that the Company was on 26 November 2018, and still is, justly and truly indebted

to ....................................................................................................................................(creditor)

(name of creditor) of .....................................................................................................................................

(address of creditor) for $.....................………………..

Particulars of the debt are:

Date

(date when the debt arose)

Consideration

(state how debt arose and attach supporting documentation)

Amount ($) Remarks

(include details of voucher substantiating payment)

2. To my knowledge or belief the creditor has not, nor has any person by the creditor's order, had or

received any satisfaction or security for the sum or any part of it except for the following

(insert particulars of all securities held. If the securities are on the property of the company, assess the value of those securities.

If any bills or other negotiable securities are held, show them in a schedule in the following form).

Date Drawer Acceptor Amount

($c)

Due Date

*3A. I am employed by the creditor and authorised in writing by the creditor to make this statement. I know that the debt

was incurred for the consideration stated and that the debt, to the best of my knowledge and belief, remains unpaid and unsatisfied.

*3B. I am the creditor's agent authorised in writing to make this statement in writing. I know that the debt was incurred

for the consideration stated and that the debt, to the best of my knowledge and belief, remains unpaid and unsatisfied.

* Items 3A & 3B - delete both if the creditor is a natural person and this proof is made by the creditor personally. In other cases, if, for example, you are the director of a corporate creditor or the solicitor or accountant of the creditor, you sign this form as the creditor’s authorised agent (delete item 3A). If you are an authorised employee of the creditor (credit manager etc), delete item 3B.

I have attached the following documents (tick as many as appropriate):

☐Invoices ☐Judgement from Court ☐Letters of demand ☐Orders from Company

☐Monthly statements ☐Statutory demand ☐Credit application ☐Guarantee from Company

☐Creditors authority letter ☐Other documents

Dated ……/…../……. Name …………………………...………Signatory…………….…………………. Phone ………………………………….. Email address………………………………………………………... Com

ple

te a

ll section

s

Page 35: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Initial Remuneration Notice

David Evans Group (Queensland) Pty Ltd(In Liquidation) (the Company)ACN6o5 j6S2S9

The purpose of the Initial Remuneration Notice is to provide you with information about howwe propose our remuneration for undertaking the liquidation will be set.

A Remuneration Method

There are four basic methods that can be used to calculate the remuneration charged by aninsolvency practitioner. They are:

1. Time based / hourly ratesThis is the most common method. The total fee charged is based on the hourly rate chargedfor each person who carried out the work, multiplied by the number of hours lpent by ealhperson on each of the tasks performed.

z. Fixed FeeThe total fee charged is normally quoted at the commencement of the administration and isthe total cost for the administration. Sometimes a practitioner will finalise anadministration for a fixed fee.

3. PercentageThe total fee charged is based on a percentage ofa particular variable, such as the grossproceeds of assets realisations.

4. ContingencyThe practitioner's fee is structured to be contingent on a particular outcome being achieved

B Method chosen

Given the nature of this administration we propose that our remuneration as Liquidators becalculated on Hourly Rates. This is because:

. it ensures that creditors are only charged for work that is performed

. as Liquidators, we are required to perform a number of tasks which do not necessarilyrelate to the realisation of assets, for example responding to creditor enquiries, reportingto ASIC and conducting investigations

. generally, it is difficult to estimate with accuracy the total amount of fees necessary tocomplete all tasks required in the administration and

. our firm has a time recording system that can produce a detailed analysis of time spent oneach type of task by each individual staff member utilised in the administration

C Explanation of Hourly Rates

The rates for our remuneration calculation are set out in the following table together with ageneral guide showing the qualifications and experience of staff engaged in the administrationand the role they take in the administration. The hourly rates charged encompass the total costof providing professional services and should not be compared to an hourly wage. Time ischarged in 6 minute increments. The hourly rates set out in the below schedule are exclusive ofGST and do not include disbursements.

Remuneration is approved by a resolution of the creditors, a creditors' committee or a court.

Page 36: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

h'vC hourlvrates as at r. October zorS and suide to level of classification

Title

Partner/Appointee

ManagingDirector/Appointee

Director

Senior Manager

Manager

SeniorConsultant

Consultant

Specialist

Administrationsupport

Description

A registered liquidator or bankruptcy trustee who is a leadingpractitioner with extensive experience in all forms of insolvencyadministrations. A senior member of management with ultimateresponsibility for the conduct of the administration.

Generally, a registered liquidator or bankruptcy trustee withextensive experience in all forms of insolvency administrations. Asenior member of management and, where a co-appointee, hasresponsibility for the conduct of the administration.

Highly experienced in insolvency matters at a senior level,including managing complex administrations and supervisingteams. Capable of deputising for the Appointees where required,and may be qualified to accept appointments in his/her own right.Alternatively, may have specialist business or industry skills, andmanagement experience at a senior level, or a combination ofskills.

Experienced in insolvency matters with strong technicalknowledge and commercial skills. Capable of supervising teams,having primary responsibility for small to medium matters, orcomplex aspects of larger matters. Answerable to the Appointeesand/or senior team members. Alternatively, may have specialistbusiness or industry skills, and management experience at asenior level, or a combination of skills.

Experienced in insolvency matters with well-developed technicaland commercial skills. Capable of supervising smaller teams, andcan take day-to-day responsibility for smaller to medium matters,or aspects of more complex matters. Alternatively, may havemanagement, business, or industry skills, or a combination ofskills. Generally reports to senior team members, or directly to theAppointees on smaller matters.

Generally a qualified accountant with postgraduate qualificationsin insolvency subjects. Assists with planning and control ofvarious aspects of the administration. Has day-to-dayresponsibility for overseeing fieldwork and can supervise staff.Has experience in larger and more complex administrations.

Generally a qualified accountant. Assists with planning andcontrol of various aspects of the administration, but is primarilyresponsible for completing fieldwork under the supervision ofmore senior staff.

Has specialist skills and experience in bookkeeping and otheradministrative tasks connected to statutory and other reportingobligations of the administration.

Has appropriate skills to provide administrative support to theteam including high-speed and accurate document preparationand data entry, records control and management, and general dataanalytics.

Hourlyrate

(ex GST)$

72O.OO

69o.oo

6z5.oo

S6o.oo

51O.OO

425.oo

35o.oo

r8o.oo

r8o.oo

" The above rates are reviewed from time to time. The description of each grade is a general guide only. From time to

time there may be persons employed who, because of their skills and experience, are employed in positions where they

may not necessarily meet all ofthe above qualifications.

Page 37: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Future remuneration is approved subject to a maximum or cap. Sometimes the actual cost of theadministration will exceed the maximum which has been approved, in which case, we may seekanother resolution for additional remuneration. We will not pay any amount exceeding themaximum without this approval.

Where funds are available, we will usually pay approved remuneration at intervals not less thanone month. Where funds are not available, remuneration will not be paid.

D Estimate of Remuneration

We estimate that the administration will cost approximately gz5,ooo to g5o,ooo (exclusive ofGST) to complete.

We received an indemnity to contribute to the estimated cost of the administration of gro,ooofrom Beagrove Pty Ltd as Trustee for the Robin Evans FamilyTrust. This has been disclosed inmy Declaration of relevant relationships and indemnities.

Approved remuneration may exceed the amount of this indemnity and can be paid from theassets ofthe Liquidation after approval by creditors or the Court.

E DisbursementsDisbursements are divided into three types:

o Externallyprovided professional services - these are recovered at cost. Anexample of an externally provided professional service disbursement is legal fees.

r Externally provided non-professional costs - these are recovered at cost.Examples of externally provided professional service disbursements are travel,accommodation, search fees, lodgement fees, storage, outsourced printing andphotocopying services,

o Internal disbursements such as photocopying, printing and postage. Thesedisbursements, if charged to the Administration, would generally be charged at cost;though some expenses such as telephone calls, photocopylng and printing may be chargedat a rate which recoups both variable and fixed costs. The recovery ofthese costs must beon a reasonable commercial basis.

We are not required to seek creditor approval for disbursements paid to third parties but mustaccount to creditors. We must be satisfied that these disbursements are appropriate, justifiedand reasonable.

We are required to obtain creditor approval for the payment of internal disbursements wherethere is a profit or advantage prior to these disbursements being paid from the administration.Creditors will be asked to approve our internal disbursements prior to these disbursementsbeing paid from the administration.

Details of the basis of recovering disbursements in this administration are provided below. Fulldetails of any actual costs incurred will be provided with future reporting.

Basis of disbursement claimDisbursements Rate (Excl GST)

Externally provided professional services

Externally prorrid"d non-professio.rul r.*i..,Staffvehicle use

At cost

At cost

65 cents per kilometre for first gokm ofreturn trip and 4o cents per kilometrethereafter

Page 38: Initial Information Appointment Liquidators · pwe} 10 December 2o1B To the creditor as addressed Dear Sir/Madam David Evans Group (Queensland) PtyLtd (In Liquidation) (the Company)

Dated this roth day of December zor8

Michael Owen and Grant SparksLiquidators