The Baby Hammock Company Limited (In Liquidation) Company No: Liquidator s First Report Pursuant to Section 255 of the Companies Act 1993

Transcription

1 The Baby Hammock Company Limited (In Liquidation) Company No: Liquidator s First Report Pursuant to Section 255 of the Companies Act December 2011 Introduction: Christopher Robert Ross Horton was appointed Liquidator of The Baby Hammock Company Limited (In Liquidation) ( the Company ) by Special Resolution of the shareholder on 30 th November 2011 at 12.30pm. Prior to the appointment the liquidator made the necessary enquiries and formed the view that there was no restriction from acting as liquidator under section 280 of the Act. Disclaimer: This report has been prepared in accordance with and for the purpose of section 255 of the Act, relying on information supplied by the Company directors, shareholders and other parties. This report is not to be reproduced or used for any other purpose without the prior written consent of the liquidator. It has been prepared in good faith and on the basis that all information provided is true and accurate in all material respects. We have not independently verified the accuracy of the information provided and no audit has been undertaken. Accordingly we are unable to comment on the completeness or accuracy of the contents of this report, and cannot therefore accept any responsibility to any party whatsoever for any reliance placed on it. We reserve the right but will be under no obligation to review and if necessary amend the contents of this report should further information come to light that was unknown or was not disclosed to the liquidator as at the date of its preparation. Company Details: Incorporation Date: 12 March 2004 Company Directors: Gregory N Hannah Sarah F Hannah Gareth MJ Kemp Mary V Kemp Share Capital: 100 shares Shareholders: Gregory N Hannah 24 shares Sarah F Hannah 24 shares Mary V Kemp 20 shares Gareth MJ Kemp 20 shares John R Law 6 shares Lesley H Law 6 share Chris Horton Associates Limited INSOLVENCY & RESTRUCTURING Level 10, 34 Shortland Street, PO Box 1725, Auckland 1140, New Zealand p , f , w

2 Review: Trading Activities & History: The Company produced and marketed baby hammocks internationally. A patent dispute arose, and following an unsuccessful application through the courts an application has been made by the defendant for costs totalling $505, against the Company, which the Company is unable to meet. The shareholders had no alternative but to wind up the Company. Secured Creditors: There is one secured creditor registered with the Personal Properties Security Register. Bank of New Zealand - All present and after acquired property Preferential Creditors: There are no known preferential creditors. Unsecured Creditors: Unsecured creditors are estimated at $1,085,263, of which $554,695 is related party debt. Refer attached Schedule of Unsecured Creditors. If you are aware of any other creditor of the Company you should contact the liquidator. If you believe that you hold any form of security over the assets of the Company you must notify the liquidator, in writing, immediately. Assets: Refer attached Statement of Known Assets & Liabilities and Priorities Expected to Rank. Staff: I am advised that the employment of all staff had been terminated at the time of my appointment. Conduct of the Liquidation: The liquidator is continuing with investigations into the affairs of the Company, areas of specific review are: the flow of funds between the Company and other entities; non cash transactions; any associated company and trust balances; preferential payments to creditors; debts owed by any associated companies; remuneration paid/drawn by the Company director; and Other issues as they come to the liquidator s attention. The liquidator is not able at this time to estimate the timeframe for the completion of this administration. 2

3 Creditors Meeting: Pursuant to Section 245 of the Companies Act 1993, the Liquidator has decided to dispense with the calling of a meeting of the Creditors of the Company. This decision has been made following a review by the liquidator of the known assets and liabilities of the Company, and the likely outcome of the liquidation of the Company. However, be advised that should any creditor wish to call a meeting for the purpose of appointing a liquidator in place of Christopher Horton, or wish to appoint a liquidation committee, notice in writing to the Liquidator is required within 10 days of receiving this report. Be advised that section 314 of the Companies Act 1993 permits any creditor or shareholder of the Company to request that the Liquidator calls a meeting (at any time during the course of the liquidation) of creditors or shareholders for the purpose of: 1. voting on a proposal that a liquidation committee be appointed to act with the liquidators; and 2. to vote on the membership of that committee. Liquidator 3

4 Appendix 1 The Baby Hammock Company Limited (in Liquidation) Statement of Known Assets & Liabilities and Priorities Expected to Rank as at 30 November 2011 Book Value FIXED ASSETS Plant & Equipment 0 Less: Secured Creditors 0 Surplus / (Deficiency) to Secured Creditor c/f $ 0 CURRENT ASSETS Cash on Hand 0 Debtors 0 GST Refund Due tbc tbc Plus Surplus from Secured Creditors b/f 0 Less: GSA security holder 339,500 Surplus / (Deficiency) to Preferential Creditors (339,500) Less: Preferential Creditors Staff Wages 0 Staff Holiday Pay 0 IRD PAYE 0 GST 0 Kiwisaver Employee Deductions 0 0 Surplus / (Deficiency) to Preferential Creditors $ (339,500) Less: Unsecured Creditors Deficiency to Secured Creditors b/f 0 Bank and other Unsecured Funders 0 IRD / ACC 0 Trade Creditors 24,975 Court Ordered Costs 505,593 Related Party Advances 554,695 1,085,263 Estimated Surplus / (Deficiency) to Unsecured Creditors $(1,424,763) Please note that the above figures are subject to confirmation and to the costs of administration. The above figures have been obtained from company records. Refer the liquidator s disclaimer statement on page 1 of this report. 4

5 Appendix 2 The Baby Hammock Company Limited (in Liquidation) Schedule of Unsecured Creditors As at 30 November 2011 N & P Sanger PO Box 3275 Onerahi Whangarei 0142 AJ Park Law c/- Jones Fee Solicitors PO Box 1801 Auckland Regent Law PO Box 204 Whangarei 0140 WHK (NZ) Limited PO Box 158 Auckland 1140 Related Parties J & H Law 293 Wainui Road Silverdale Auckland 5