06 April 2017 NOTICE TO CREDITORS. P&U Pty Ltd (formerly Poles & Underground Pty Ltd) ACN (Company) (in liquidation) (the Company)
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- Eugenia Newman
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1 Our ref: April 2017 NOTICE TO CREDITORS P&U Pty Ltd (formerly Poles & Underground Pty Ltd) ACN (Company) (in liquidation) (the Company) We refer to the appointment of Daniel Walley, Phil Carter and Mark Robinson of PPB Advisory as joint and several liquidators of the Company by resolution of the creditors at the second meeting of creditors on 9 February 2017 (Second Creditors Meeting). After the resolution that the Company be wound up and the appointment of the Liquidators, but before the conclusion of the Second Creditors Meeting, a question was asked by a creditor present as to whether there was any potential conflict for the Liquidators due to certain preappointment work that PPB Advisory had conducted. The nature of the pre-appointment work that PPB Advisory had conducted was disclosed in the Notice to Creditors dated 10 November 2016 and the Section 439A Report dated 1 February 2017 that had been provided to creditors. After receiving advice in relation to this issue, the Liquidators considered it appropriate to bring the issue of conflict to the attention of the Federal Court of Australia and on 30 March 2017 filed an Interlocutory Process which sought orders including an order that the Liquidators were justified in remaining in their role as the appointed liquidators of the Company (Proceedings). The Liquidators have also caused PPB Advisory to repay the fees that the firm had received arising from the firm s pre-appointment work. In the circumstances, the Liquidators do not consider that there is any reason why they should not continue in their current role as the appointed liquidators of the Company. The Liquidators consider that it is in the best interests of the winding up and creditors for them to remain as the appointed liquidators and will be asking that the Court orders that they will justified in remaining in office. Enclosed with this circular are copies of the following documents filed in the Proceedings: Interlocutory Process dated 30 March 2017; and proposed short minutes of order that the Liquidators intend to seek. On 31 March 2017 her Honour Justice Gleeson adjourned the Proceedings to 10.15am on 19 April If you have any objection to the Liquidators continuing in their role as the appointed liquidators of the Company, please ensure that you (or a legal representative) attend the listing on 19 April 2017 in order that your position can be made known to the Court. The Federal Court is located at: Level 17 Law Courts Building Queens Square Sydney NSW 2000 Level 7, 8 Chifley 8-12 Chifley Square Sydney NSW 2000 GPO Box 5151 Sydney NSW 2001 t: f: PPB Pty Ltd trading as PPB Advisory ABN Liability limited by a scheme approved under Professional Standards Legislation
2 The court room details are yet to be confirmed, however, the details will be published at htto://vvww.fedcourt.gov.au/court-calendar/daily-court-lists/nsw once available. If you have any questions in relation to this circular or require further information please do not hesitate to contact Eoin Healy on or by to Yours 07* Daniel Walley, Mal1/41110.n and Philip Carter Liquidators Enc. Date of appointment: Contact name: Telephone number: 9 February 2017 Eoin Healy ehealy@ppbadvisory.com PPB
3 NOTICE OF FILING AND HEARING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 30/03/2017 1:48:29 PM AEDT and has been accepted for filing under the Court's Rules. Filing and hearing details follow and important additional information about these are set out below. Filing and Hearing Details Document Lodged: Interlocutory process (Rule 2.2): Federal Court (Corporations) Rules 2000 form 3 File Number: NSD2075/2016 File Title: In the matter of Poles & Underground Pty Ltd (Administrators Appointed) ACN & Anor Registry: NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA Reason for Listing: Interlocutory Hearing Time and date for hearing: 31/03/2017, 2:15 PM Place: Court Room 22A, Level 17 Law Courts Building Queen's Square, Sydney Dated: 30/03/2017 4:00:51 PM AEDT Registrar Important Information As required by the Court's Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The Reason for Listing shown above is descriptive and does not limit the issues that might be dealt with, or the orders that might be made, at the hearing. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court's Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.
4 Interlocutory process (rules 2.2, 15A.4, 15A.8 and 15A.9) Federal Court of Australia No. NSD2075/2016 District Registry: New South Wales Division: General IN THE MATTER OF POLES & UNDERGROUND PTY LTD (ADMINISTRATORS APPOINTED) ACN ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN DANIEL WALLEY, MARK ROBINSON AND PHIL CARTER AS ADMINISTRATORS OF POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) AND ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN First Plaintiffs and the others named in the Schedule A. DETAILS OF APPLICATION This application is made under Part 2 Division 45-1 and / or Division of Schedule 2 of the Corporations Act 2001 (Cth) and section 37AF of the Federal Court of Australia Act 1976 (Cth). On the facts stated in the supporting affidavit of Mark Robinson sworn on 28 March 2017 (Affidavit), the First Plaintiffs apply for the following relief: 1 An order that the First Plaintiffs are justified in remaining in their role as the appointed liquidators in the winding up of the Second Plaintiff (Company). 2 An order that the costs of the application be the costs of the First Plaintiffs, and are not to be met by the Company or from any realisation of assets in the winding up of the Company. 3 An order that any creditor of the Company or other person demonstrating sufficient interest in these orders have liberty to apply on 3 days' notice. 4 An order pursuant to section 37AF of the Federal Court of Australia Act 1976 (0th) that paragraphs 51(b) and 55 of the Affidavit are not to be published and/or accessed except pursuant to an order of the Court. 5 Such further or other order that the Court considers necessary. Filed on behalf of First Plaintiffs Prepared by Mark Anthony Wilks Law firm Corrs Chambers Westgarth Tel (02) Fax (02) matthew.kelly@corrs.com.au Address for service Level 9, 8 Chifley, 8-12 Chifley Square, Sydney NSW v3
5 DATE: O Metick Zofl 2 Signed by: Signed : Mark Anthony Wilks Lawyer for the Plaintiffs I* ki Parknil;aQ& :Toti.iso... L. This application will be heard by at at on B. FILING This interlocutory process is filed by Corrs Chambers VVestgarth, solicitors for the Plaintiffs. C. SERVICE The Plaintiffs address for service is c/- Cons Chambers Westgarth, Level 9, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000 (Attn. Matthew Kelly) v3
6 ovkl_ CO tp, Schedule U- 0 Federal Court of Australia District Registry: New South Wales Division: General No. NSD2075/2016 IN THE MATTER OF POLES & UNDERGROUND PTY LTD (ADMINISTRATORS APPOINTED) ACN ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN Plaintiffs First Plaintiff: DANIEL WALLEY, MARK ROBINSON AND PHIL CARTER AS ADMINISTRATORS OF POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) AND ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN Second Plaintiff: POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) Third Plaintiff: ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN Date: v3
7 Short Minutes of Order Federal Court of Australia No. NSD District Registry: New South Wales Division: General IN THE MATTER OF POLES & UNDERGROUND PTY LTD (ADMINISTRATORS APPOINTED) ACN ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN DANIEL WALLEY, MARK ROBINSON AND PHIL CARTER AS ADMINISTRATORS OF POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) AND ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN First Plaintiffs and the others named in the Schedule The Court ORDERS that: 1 The First Plaintiffs are justified in remaining in their role as the appointed liquidators in the winding up of the Second Plaintiff (Company). 2 The costs of the application be the costs of the First Plaintiffs, and are not to be met by the Company or from any realisation of assets in the winding up of the Company. 3 Any creditor of the Company or other person demonstrating sufficient interest in these orders have liberty to apply on 3 days' notice. 4 The First Plaintiffs are to notify creditors of the Company within 14 days of the terms of these orders together with a written explanation of the nature of the application and the outcome, with such notification being provided by or (where unavailable) post. 5 Pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth) paragraphs 51(b) and 55 of the affidavit of Mark Julian Robinson sworn 30 March 2017 and paragraphs 10(b), (11) and 23(b) of the Liquidators' Outline dated 30 March 2017 are not to be published and/or accessed except pursuant to an order of the Court. Dated: 30 March 2016 Filed on behalf of First Plaintiffs Prepared by Mark Anthony Wilks Law firm Corrs Chambers Westgarth Tel (02) Fax (02) matthew.kelly corrs.com.au Address for service Level 9, 8 Chifley, 8-12 Chifley Square, Sydney NSW v1
8 Schedule Federal Court of Australia District Registry: New South Wales No NSD Division: General IN THE MATTER OF POLES & UNDERGROUND PTY LTD (ADMINISTRATORS APPOINTED) ACN ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN Plaintiffs First Plaintiff: DANIEL VVALLEY, MARK ROBINSON AND PHIL CARTER AS ADMINISTRATORS OF POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) AND ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN Second Plaintiff: POLES & UNDERGROUND PTY LTD ACN (ADMINISTRATORS APPOINTED) Third Plaintiff: ICON PLANT PTY LTD (ADMINISTRATORS APPOINTED) ACN v1
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