This post is intended to give members a bit of an update and clarify some issues.
It is also not intended to be a judgment of any person or persons. I am neither friend nor foe of RF or Robert Logan. I have never met him but have spoken to him on the telephone re matters Engineering on several occasions.
All of the information is in the Public Domain and should any member so desire they could verify all of it.
Administrators were appointed on the 21st March on a referral from RF P/L Attorney. The Administrators now have control of the company. RL as the Director has no control and by law has to cooperate with the Administrators.
The mere fact that the Administrators were called in By RL in no way means that RL will get priority treatment. The administrators have a responsibility to the creditors and are governed by the laws of Aust.
The first meeting of creditors on Tuesday 28th March was to
a) form a creditors committee if the creditors present deemed it necessary
b) decide on the composition of a creditors committee if so formed
c) Remove the appointed Administrators if the creditors present so decided
d) Appoint someone else as Administrator if the creditors present so decide.
The fact that the Administrator was not able to be changed by Creditors will have no bearing on the outcome.
A second meeting of creditors at a date to be fixed by the Administrator will decide on
a) Have the company enter into a deed of arrangement with creditors.
This could be in the form of a cash payment to creditors of X cents in the dollar and the remainder written off by the creditor. The company may then continue to trade.
This could also be in the form of a payment over time to the creditors.
A deed can only be likely if the company is financially viable (i.e. make a profit) and has the ability to trade out of debt over time.
Creditors would need to see some benefit to them. I.e. if the company is wound up now the creditors will get X cents in the dollar, if the creditors forego some of the debt and the company trades profitably they may get X+ cents in the dollar.
The Administrator has to be comfortable that any deed of arrangement will succeed as he has a duty to all the Creditors equally and without favor.
b) End the administration,
i.e. the creditors can hand back control to RL.
(only likely if RL pays everybody or creditors are extremely generous and forego all of the debt)
c) Wind up the company.
The administrators will prepare a financial affairs statement, which among other things may look into the viability of the company should it continue to trade. They will make a recommendation to the Creditors as to the most beneficial (to the Creditors) approach of a) b) or c) as above.
The company has provisional debts of (approx figures) as at 21 march 2006
1. trade creditors AUD 150,000
2. Taxation AUD 37,000
3. 13 UK creditors GBP 94,000 = AUD 222,000
4. 13 USA creditors USD 250,000 = AUD 341,000
Total AUD 750,000
1. Employee entitlements is unknown at this point in time ( Holiday pay etc)
2. Other government taxes GST (VAT) unknown
3. It is now known that there were some errors in deposits
4. It is now known that some creditors were not listed ( Camco SA for one)
The above figure will rise when the Administrators complete the financial statement of the company and may approach AUD 1, 000,000
Employees, and secured creditors (bank) will get paid first before any distribution to unsecured creditors. The Administrator also gets paid
In the event that the company is wound up the creditors need to be active to maximize the return. Ask questions of the Administrator, bear in mind that the Administrator is probably not technically minded and unless someone tells him he will not know what is what and what it may be worth or what is a reasonable value.
The Administrator will compile a list of company assets
I have been advised that the jigs and tooling in Australia forms part of the assets of the company.
There are jigs and tooling in South Africa which are also assets of the company.
There is stock in Australia of unknown value at this time
There is stock in Sth Africa of unknown value at this time.
I don’t know what the initial plan was but in about 5 months Camco SA were in production incl manuf of all jigs, moulds, tooling.
Camco could have done a runner with the stock in SA…………but he elected not to.
Members who are creditors must get someone in Oz to have a look at the assets and make sure they realize the maximum when and if sold. Don't leave it to your Oz legal representative; get someone who knows what they are looking at and liase with your legal rep in Oz.
There are a few “feet on the ground” in Oz who have already pointed the Administrator in worthwhile directions. There has been some useful information come from the USA and UK and not all of it from Creditors. Some came from other GT 40 manufacturers.
Every little bit helps, you may think a small piece of information is insignificant, but several small pieces may become significant, so ……. Pass it on to the “convener” of your USA or UK Creditors group.
In the event that the company has been trading whilst insolvent for some time, the director/s are in breach of the law and may well be personally liable. Basically if a company cannot pay its debts as and when they fall due it is insolvent. The Administrators will be able to determine if the company has been insolvent for some time. In the event that the company was insolvent some time ago the debt burden may well have been less and the creditors may well have been facing a lesser loss.
Those affected should seek clarification from your legal rep in Oz
The overseas creditors should perhaps all vote together through the one legal rep in Oz. There are voting rules which take into account the value of the debt. The future of the company could well be in the hands of the overseas creditors. You should seek clarification from your legal rep in Oz. Someone who is owed one dollar does not necessarily have the same voting power as someone owed 100,000 dollars.
There exists laws in Oz to prevent coy directors hiding behind the "its all in my wife's name" plea. The family home even if "its all in my wife's name" is still an asset of the husband as well as the wife
Where the money has gone and who benefited is a question to ask the Administrator. The answer may well have a huge influence on the outcome. AUD 1,000,000 is a lot of money to vanish
One thing you can’t hide …Is MONEY, it leaves a very traceable trail wherever it goes
It may well be prudent to place a Caveat on the property until the mess is sorted out. This would not be an unreasonable thing to do in the given circumstance.
What caused all of this does not change the status quo, the South African move was a bold venture, and unfortunately it did not succeed. The product, from what I have seen on this forum, spoke for itself. In the event that it disappears from the market it will be missed.
The future- ???
Look at it this way, say AUD10,000 profit per car = 75 cars to clear the debt How long will that take
If it was possible to make 10,000 profit per car then for the 100 or so cars made = AUD 1,000,000 dollars profit
Then there is the money paid for cars not yet built AUD 600,000
Unless the company gets a cash injection of say 1,000,000 in the short term ????
The future does not look to rosy, but then stranger things have happened