Australian Discount Retail Group Report to Creditors Pursuant to Section 508 of the Corporations Act 2001

Transcription

1 Australian Discount Retail Group Report to Creditors Pursuant to Section 508 of the Corporations Act 2001 Company Name ACN Angzol Pty Ltd Armmate Pty Ltd Arnnete Pty Ltd Kirby Street (Holding) Pty Ltd formerly Australian Discount Retail Pty Limited Kirby Street (Finance) Pty Ltd formerly Australian Discount Retail (Finance) Pty Limited Kirby Street (Logistics) Pty Ltd formerly Australian Discount Retail (Logistics) Pty Ltd Kirby Street (Trading) Pty Ltd formerly Australian Discount Retail (Trading) Pty Limited Blue Spike Pty Ltd Bluebend Pty Limited Bluepeer Pty Limited Caloundra Retail Co Pty Ltd Cashbound Pty Ltd Cashbuild Pty Ltd Kirby Street (Ipswich) Pty Ltd formerly Crazy Clark s Ipswich Pty Ltd Kirby Street (Warwick) Pty Ltd formerly Crazy Clark s Warwick Pty Ltd Kirby Street (Dalby) Pty Ltd formerly Crazy Clark s (Dalby) Pty Ltd Kirby Street (Nth Qld) Pty Ltd formerly Crazy Clark s Nth. Qld. Pty Ltd Kirby Street (CC Retail) Pty Ltd formerly Crazy Clark s Retail Pty Ltd DPCo Pty Limited Fireright Pty Ltd Freshfame Pty Ltd Garden Pty Ltd General Variety Pty Ltd Goralin Pty Ltd Group Variety Pty Ltd GSCo Pty Limited Imagewatch Pty Ltd ITCo Pty Limited Look Sharp Concepts Pty Ltd Makro Cannon Park Pty Ltd Makro Toowoomba Pty Ltd Mallwalk Pty Ltd Moneycure Pty Limited O Neills Property Company Pty Ltd Queensland Discounters Pty Ltd Shopping Variety Pty Ltd State Group Pty Ltd Sungate Pty Ltd Youngdown Pty Ltd Discount Variety Group Pty Ltd

2 Contents 1 Introduction 4 2 Surplus funds from the Receivers and Managers 4 3 Pooling of the ADR Group Entities 4 4 Intention to Declare a Dividend 4 5 Statutory reporting 5 6 Potential asset recoveries available to a Liquidator and other offences 5 7 Receipts and payments 5 8 Liquidator s remuneration 6 9 Timeline for Completion of the Liquidation 8 10 Meeting of creditors 8 Annexure A - Notice of Meeting of Creditors 10 Annexure B - Formal Proof of Debt Form 11 Annexure C - Form Proxy 13 Annexure D - Remuneration Reports - Additional Remuneration 15 Annexure E - Remuneration Reports - Future Remuneration 19 Annexure F - Court Order Pooling of the ADR Group 21 2

3 About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Deloitte is the brand under which tens of thousands of dedicated professionals in independent firms throughout the world collaborate to provide audit, consulting, financial advisory, risk management, and tax services to selected clients. These firms are members of Deloitte Touche Tohmatsu Limited (DTTL), a UK private company limited by guarantee. Each member firm provides services in a particular geographic area and is subject to the laws and professional regulations of the particular country or countries in which it operates. DTTL does not itself provide services to clients. DTTL and each DTTL member firm are separate and distinct legal entities, which cannot obligate each other. DTTL and each DTTL member firm are liable only for their own acts or omissions and not those of each other. Each DTTL member firm is structured differently in accordance with national laws, regulations, customary practice, and other factors, and may secure the provision of professional services in its territory through subsidiaries, affiliates, and/or other entities. About Deloitte Australia In Australia, Deloitte has 12 offices and over 4,500 people and provides audit, tax, consulting, and financial advisory services to public and private clients across the country. Known as an employer of choice for innovative human resources programs, we are committed to helping our clients and our people excel. Deloitte's professionals are dedicated to strengthening corporate responsibility, building public trust, and making a positive impact in their communities. For more information, please visit Deloitte s web site at Liability limited by a scheme approved under Professional Standards Legislation Deloitte Touche Tohmatsu. All rights reserved. 3

4 Introduction 1 Introduction As you would be aware, Simon John Cathro and I were appointed as Joint and Several Administrators of the ADR Group of companies on 20 January 2009 pursuant to Section 436A of the Corporations Act 2001 ( the Act ). Subsequently, on 25 November 2009 at concurrent meetings of creditors of all thirty-nine ADR Group entities, Mr Cathro and I were appointed liquidators by a resolution of the respective creditors of each of the ADR Group companies. I advise that Mr Cathro retired as Joint Liquidator of all thirty-nine ADR Group entities on 10 August 2011 and I, David Lombe, remain as the sole Liquidator of all ADR Group entities. Further, by an order of the Court on 19 September 2011, I was also appointed Liquidator of Discount Variety Group Pty Ltd ( DVG ), a wholly owned subsidiary of Australian Discount Retail (Trading) Pty Ltd. This report is a report to creditors of the Companies pursuant to Section 508(3) of the Act. This report should be read in conjunction with our report to creditors pursuant to Section 439A of the Act dated 17 November An annual general meeting of the creditors of the ADR Group has been convened and is to be held on Friday 24 February 2012 at 1:30pm, at Cliftons, George Street, Sydney NSW Surplus funds from the Receivers and Managers The Receivers and Managers have confirmed that a surplus will be made available to the Liquidators for the benefit of the unsecured creditors. As previously advised, the estimated minimum surplus amount is $10m, of which $9m has already been received by the Liquidator. A further payment of approximately $1.6m will be paid in March 2012 at the conclusion of the Receivership. After taking into account the estimated costs of the Liquidation and the value of creditors claims received to date the estimated dividend to unsecured creditors is between 6.55 and 8.77 cents in the dollar. 3 Pooling of the ADR Group Entities As previously advised in our circular to creditors dated 21 September 2011, we intended to pool the creditors of the 40 entities within the ADR Group for the purposes of the liquidation and payment of a dividend. The pooling application was heard on 12 October 2011 by Justice Barrett in the Supreme Court of NSW. At the hearing Justice Barrett requested that some additional information be provided. This information was provided by our legal team and we received the judgement on 16 December 2011 to pool the 40 entities to form the ADR Group. A copy of the pooling order is attached as Annexure F. 4 Intention to Declare a Dividend Notice will be given to creditors of the ADR Group on 21February 2012, in respect of the declaration of a first dividend. It is anticipated that payment of this dividend will occur in early April All creditors are required to submit a formal proof of debt form in order to be eligible to participate in the dividend. If you have previously submitted a formal proof of debt form and are listed in the creditor list discussed below, you will not be required to do so again. 4

5 Statutory reporting For your information a listing of all creditors who have submitted a formal proof of debt form to this office as at the date of this report is available on our website and can be accessed as follows: untretailgroup/index.htm Please note that creditors who have previously submitted an informal proof of debt are still required to submit a formal proof of debt form. Please contact this office if you have any questions regarding your claim that you have submitted to date. Please provide the following supporting documents (if they have not already been provided) in relation to any creditor claim: to: the signed formal proof of debt form; summary of the claim if it relates to a large number of invoices; supporting invoices; and any other relevant documentation in relation to the claim By Mail: By The Liquidators Australian Discount Retail Group (Receivers and Managers Appointed) (In Liquidation) PO Box N250, Grosvenor Place SYDNEY NSW 1220 adr@deloitte.com.au 5 Statutory reporting We have continued to comply with our other statutory obligations set out under the Act including the lodgement of six monthly receipts and payments for each company within the ADR Group to ASIC. 6 Potential asset recoveries available to a Liquidator and other offences Further to our last report, we engaged Deloitte Analytics to assist us with the investigations. We have reviewed the books and records of the ADR Group to investigate the unfair preference payments to creditors. Based on our investigations, we pursued one creditor who had received unfair preference payments and received a settlement of $10, in relation to this claim. Our investigations have now concluded and no further recoveries are expected to be made from preference actions. 7 Receipts and payments Set out below is a summary of the receipts and payments for the ADR Group for the period 25 November 2009 to 25 November Of the $9m received to date from the Receivers and Managers, after the payment of outstanding liabilities detailed below, the remaining balance has been invested as follows: $4.76m has been placed in a term deposit maturing on 21 February 2012 $3.68m has been placed in a term deposit maturing on 3 March 2012 $210k has been placed in a term deposit maturing on 7 March

6 Liquidator s remuneration These funds will continue to be invested until a first dividend is declared in early April A breakdown of the Administrators and Liquidators remuneration paid to date is included below in Section 8.1. Receipts and payments for the period 25 November 2009 to 25 November 2011 Receipts Total ($) Cash At Bank (at 25 November 2009) 114, Bank Interest 21, Term Deposit Interest 554, Surplus from Receiver and Manager 9,000, Interest on GST Refund Refund Filing Fees & Subpoena Income Refunds - Miscellaneous GST Clearing Account 72, ,763, Payments Bank Charges Meeting Expenses 22, Legal Fees 290, Postage 12, Administrators Remuneration 146, Administrators Disbursements 6, Liquidators Remuneration 411, Liquidators Disbursements 26, GST Receivable 89, ,005, Balance On Hand 8,757, Liquidator s remuneration 8.1 Remuneration to Date Below is a table summarising the fees incurred and paid to date in the liquidation of the ADR Group. I note that fees for the liquidation period have been calculated up until 31 January

7 Liquidator s remuneration ADR Group (In Liquidation) Approved Incurred Paid Balance Payable Approval Remaining Approval required $ $ $ $ $ $ Angzol Pty Ltd 6, , , , Armmate Pty Ltd 6, , , , , Arnnete Pty Ltd 6, , , , , Australian Discount Retail (Finance) Pty Ltd 6, , , , , Australian Discount Retail (Logistics) Pty Ltd 6, , , , , Australian Discount Retail (Trading) Pty Ltd 230, , , , , , Australian Discount Retail Pty Ltd 100, , , , , , Blue Spike Pty Ltd 6, , , , , Bluebend Pty Ltd 6, , , , , Bluepeer Pty Ltd 6, , , , , Caloundra Retail Co Pty Ltd 6, , , , , Cashbound Pty Ltd 6, , , , , Cashbuild Pty Ltd 6, , , , , Crazy Clark's - Ipswich Pty Ltd 6, , , , Crazy Clark's - Warwick Pty Ltd 6, , , , , Crazy Clark's (Dalby) Pty Ltd 6, , , , Crazy Clark's Nth Qld Pty Ltd 6, , , , , Crazy Clark's Retail Pty Ltd 6, , , , , DPCo Pty Ltd 6, , , , Fireright Pty Ltd 6, , , , , Freshfame Pty Ltd 6, , , , , Garden Pty Ltd 6, , , , , General Variety Pty Ltd 6, , , , , Goralin Pty Ltd 6, , , , Group Variety Pty Ltd 6, , , , , GSCo Pty Ltd 6, , , , Imagewatch Pty Ltd 6, , , , , ITCo Pty Ltd 6, , , , Look Sharp Concepts Pty Ltd 6, , , , , Makro Cannon Park Pty Ltd 6, , , , Makro Towoomba Pty Ltd 6, , , , , Mallwalk Pty Ltd 6, , , , , Moneycure Pty Ltd 6, , , , , O'Neills Property Co Pty Ltd 6, , , , , Queensland Discounters Pty Ltd 6, , , , , Shopping Variety Pty Ltd 6, , , , , State Group Pty Ltd 6, , , , , Sungate Pty Ltd 20, , , , , Youngdown Pty Ltd 20, , , , , Total 581, , , , , , Additional Remuneration Liquidation Period Liquidation (25 November 2009 to 31 January 2012) With respect to ADRT and Australian Discount Retail Pty Ltd, additional work was carried out in excess of the fees previously approved. As such, we will be seeking the approval of the additional fees at the upcoming annual meeting of creditors. Please refer to Annexure D for a detailed summary of the total work for the period 1 May 2011 to 31 January Please note however that we are only seeking approval for the additional amounts of $133, and $33, which we incurred during this period. 8.3 Remuneration required to complete the Liquidation We will also be seeking approval for our future remuneration as Liquidators, our partners and staff for the ADR Group for the period 1 February 2012 onwards in the amount of $290, plus GST and Disbursements. We anticipate this amount will be sufficient to complete the liquidation. 7

8 Timeline for Completion of the Liquidation Please note that due to the pooling order, future remuneration and expenses of the Liquidator and his partners and staff will be calculated on a group basis. Future remuneration of the Liquidators can be approved by the Committee of Inspection of the pooled ADR Group. Attached as Annexure E is a copy of a Remuneration Report containing further detail regarding the remuneration request for the ADR Group. 9 Timeline for Completion of the Liquidation An indicative timeline for the completion of the liquidation including the payment of the dividend to creditors is outlined below. February 2012 Annual General Meeting of creditors to be held on 24 February 2012 Liquidators advertise notice of intention to declare a first dividend Liquidators call for formal proofs of debt to be lodged Liquidators continue with adjudication of formal proofs of debts received March 2012 Liquidators adjudicate on any further formal proofs of debt received Receipt of surplus funds from Receivers and Managers April 2012 Declaration and payment of a first dividend to unsecured creditors of the ADR Group Liquidators advertise notice of intention to declare a second dividend May 2012 June 2012 December 2012 Liquidators adjudicate on any further formal proofs of debt received Declaration and payment of a second dividend to unsecured creditors of the ADR Group Finalisation of Liquidation 10 Meeting of creditors An annual general meeting of the creditors of the ADR Group has been convened and is to be held on Friday 24 February 2012 at 1:30pm, at Cliftons, George Street, Sydney NSW 2000.Attached is the following; (i) Notice of Meeting of Creditors (Annexure A) (ii) Form 535 Proof of Debt (Annexure B) (iii) Form 532 Proxy (Annexure C). At the meeting, creditors will be advised of any further developments in the liquidation and will also be asked to approve our fees and expenses in respect of additional work completed up to 31 January 2012 and our estimated fees to the completion of the liquidation. These resolutions will be passed pursuant to Section 499(3A) of the Act. Arrangements have been made for creditors outside Sydney to attend the meetings via telephone conference facilities. Creditors intending to use the telephone attendance facility will be required to notify us of that intention and collect the appropriate details. 8

9 Meeting of creditors Should you have any queries concerning the above matters, please contact Kathryn Lawrence or Teressa Cheung of this office on (02) or (02) respectively. DATED this 10 th day of February 2012 D J F Lombe Liquidator 9

10 ANNEXURE A FORM 529 CORPORATIONS ACT 2001 NOTICE OF ANNUAL GENERAL MEETING OF MEMBERS AND CREDITORS OF COMPANY UNDER LIQUIDATION Australian Discount Retail Group Individual entities as detailed on the cover page of the Report to Creditors ( the ADR Group ) (All in Liquidation) Sub-regulation (6) NOTICE IS GIVEN that a meeting of the creditors of the companies will be held on Friday 24 February 2012 at 1:30pm, at Cliftons, George Street, Sydney NSW A G E N D A 1. Receive a creditors report from the Liquidators being an account of the acts and dealings and of the conduct of each Liquidation during the period from my appointment as Liquidator on 25 November To consider and if thought fit approve the Liquidators remuneration from 1 May 2011 to 31 January 2012 as per the attached proxy form 3. To consider and if thought fit approve the Liquidators remuneration from 1 February 2012 onwards as per the attached proxy form 4. General business. Proxies to be used at the meeting should be lodged at the office of the Liquidator by no later than 4.00pm on the day prior to the meeting. A creditor can only be represented by proxy or by an attorney pursuant to corporations Regulations and (inclusive) and if a body corporate by a representative appointed pursuant to Section 250D. In accordance with Regulation (1) of the Corporations Regulations, creditors will not be entitled to vote at this meeting unless they have lodged particulars of their claim (formal proof of debt form) against the relevant company in accordance with the Corporations Regulations and that clause has been admitted for voting purposes wholly or in part by the liquidator. Arrangements have been made for creditors outside Sydney to attend the meetings via telephone conference facilities. Creditors intending to use the telephone attendance facility will be required to notify us of that intention and collect the appropriate details. DATED this 10 th day of February D J F Lombe Liquidator Deloitte Touche Tohmatsu Grosvenor Place 225 George Street SYDNEY NSW

11 FORM 535 CORPORATIONS ACT 2001 ANNEXURE B Subregulation (2) FORMAL PROOF OF DEBT OR CLAIM (GENERAL FORM) To the Liquidator of the Australian Discount Retail Group (In Liquidation) 1. This is to state that the company was, on 20 January 2009 (1) and still is, justly and truly indebted to (2) for... dollars and... cents. Particulars of the debt are: Date Consideration (3) Amount GST Remarks (4) $ included $ 2. To my knowledge or belief the creditor has not, nor has any person by the creditor's order, had or received any manner of satisfaction or security for the sum or any part of it except for the following: (5) 3. (6) * 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, still remains unpaid and unsatisfied. 3. (6) * I am the creditor's agent authorised in writing to make this statement in writing. I know that the debt was incurred and for the consideration stated and that the debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. DATED this day of 2012 Signature of Signatory... NAME IN BLOCK LETTERS... Occupation... Address... Phone... OFFICE USE ONLY See Directions overleaf for the completion of this form POD No: ADMIT - Ordinary $ Date Received: / / ADMIT - Preferential $ Entered into IPS/Computer: Reject $ Amount per RATA $ H/Over for Consideration $ PREP BY/AUTHORISED DATE AUTHORISED / / TOTAL PROOF $ 11

12 Directions * Strike out whichever is inapplicable. (1) Insert date of Court Order in winding up by the Court, or date of resolution to wind up, if a voluntary winding up. (2) Insert full name and address (including ABN) of the creditor and, if applicable, the creditor's partners. If prepared by an employee or agent of the creditor, also insert a description of the occupation of the creditor. (3) Under "Consideration" state how the debt arose, for example "goods sold and delivered to the company between the dates of...", "moneys advanced in respect of the Bill of Exchange". (4) Under "Remarks" include details of vouchers substantiating payment. (5) Insert particulars of all securities held. Where the securities are on the property of the company, assess the value of those securities. If any bills or other negotiable securities are held, specify them in a schedule in the following form: Date Drawer Acceptor Amount Date Due $ (6) If proof is made by the creditor personally, strike the two (2) paragraphs numbered 3. Annexures A. If space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, the information must be set out in an annexure. B. An annexure to a form must: (a) (b) have an identifying mark; and be endorsed with the words: "This is the annexure of (insert number of pages) pages marked (insert an identifying mark) referred to in the (insert description of form) signed by me/us and dated (insert date of signing); and (c) be signed by each person signing the form to which the document is annexed. C. The pages in an annexure must be numbered consecutively. D. If a form has a document annexed the following particulars of the annexure must be written on the form: (a) (b) the identifying mark; and the number of pages. E. A reference to an annexure includes a document that is with a form. 12

13 ANNEXURE C FORM 532 CORPORATIONS ACT 2001 Regulation APPOINTMENT OF PROXY CREDITORS MEETING AUSTRALIAN DISCOUNT RETAIL GROUP (IN LIQUIDATION) *I/*We (1)... of... a creditor of (2)... appoint (3) or in his or her absence... as *my/our *general/special proxy to vote at the meeting of creditors to be held on Friday 24 February 2012 at 1:30pm, at Cliftons, George Street, Sydney NSW 2000, or at any adjournment of that meeting. 1. (i) to vote on all matters arising at the meeting (IF GENERAL PROXY) OR (ii) to vote for or against the following resolutions (IF SPECIAL PROXY) FOR AGAINST 2. In respect of Australian Discount Retail (Trading) Pty Ltd that the additional remuneration of the Liquidators, their partners and staff, as calculated on a time basis in accordance with the hourly rates of Deloitte Touche Tohmatsu for the period 1 May 2011 to 31 January 2012 be fixed and approved in the sum of $133, plus GST and disbursements 3. In respect of Australian Discount Retail Pty Ltd that the additional remuneration of the Liquidators, their partners and staff, as calculated on a time basis in accordance with the hourly rates of Deloitte Touche Tohmatsu for the period 1 May 2011 to 31 January 2012 be fixed and approved in the sum of $33, plus GST and disbursements 4. In respect of the Australian Discount Retail Group that the remuneration of the Liquidators, their partners and staff, as calculated on a time basis in accordance with the hourly rates of Deloitte Touche Tohmatsu for the period 1 February 2012 onwards be fixed and approved in the sum of $290, plus GST and disbursements IMPORTANT: PLEASE TICK FOR OR AGAINST AS APPROPRIATE 13

14 DATED this day of 2012 Signature CERTIFICATE OF WITNESS This certificate is to be completed only if the person giving the proxy is blind or incapable of writing. The signature of the creditor, contributory, debenture holder or member must not be witnessed by the person nominated as proxy. I,... of... certify that the above instrument appointing a proxy was completed by me in the presence of and at the request of the person appointing the proxy and read to him or her before he or she signed or marked the instrument. Dated: Signature of Witness: Description: Place of Residence: * Strike out if inapplicable (1) If a firm, strike out "I" and set out the full name of the firm. (2) Insert the name of the company which you are a creditor. (3) Insert the name, address and description of the person appointed. 14

15 ANNEXURE D 1. Australian Discount Retail (Trading) Pty Ltd Calculation of Remuneration from 1 May 2011 to 31 January 2012 Employee Position $/hour (ex GST) Total actual Total ($) Creditors Investigation Dividend Administration hours Hours $ Hours $ Hours $ Hours $ Vaughan Strawbridge CRG Partner David Orr CRG Sr Manager , , , Jacqueline Hermann CRG Manager , , Ben Smith CRG Manager Scott Allen CRG Sr Analyst Naty Spowart CRG Sr Analyst Tanya George CRG Sr Analyst Carol Clark CRG Sr Analyst Kathryn Lawrence CRG Analyst , , , , Teressa Cheung CRG Analyst , , , , Adam Edmondson CRG Graduate Ghena El Husni CRG Graduate , , , Katherine Nicholson CRG Graduate Nicholas Zur CRG Gradute , , Elizabeth De Paoli CRG Vacationer , , Michael Dean CRG Vacationer Alex Liao CRG Vacationer , , Sarah Smith CRG Vacationer Joshua Wiseman CRG Vacationer , , Kerrie Purrington CRG Support A Arlene Dolan CRG Support B TOTAL GST TOTAL (including GST) Average hourly rate , , , , , , ,

16 AUSTRALIAN DISCOUNT RETAIL (TRADING) PTY LTD (Receivers and Managers Appointed) (In Liquidation) A.C.N REMUNERATION REPORT LIQUIDATORS REMUNERATION 2. Description of work completed from 1 May 2011 to 31 January 2012 Task Area General Description Includes Creditors Creditor Enquiries Receive and follow up creditor enquiries via telephone Hours Maintaining creditor enquiry register $49, Review and prepare correspondence to creditors and their representatives via facsimile, and Investigation Conducting investigation post Review of specific transactions in relation to potential preference recoveries 6.6 Hours Corresponding with certain creditors in relation to potential preference actions $1, Obtain legal advice in relation to potential preference recoveries Processing proofs of debt Preparation of correspondence to potential creditors inviting lodgement of POD Dividend Receipt of PODs - currently in excess of Hours Maintain POD register including details of each individual creditor and the status of their claim $82, Adjudicating PODs including preparation of adjudication file note for each individual claim Review of supporting documentation for each individual claim Corresponding with creditors in relation to PODs submitted and further information requirements Request further information from claimants regarding POD Preparation of dividend timeline Correspondence with Receivers and Managers in respect of a number of creditor claims Maintaining a file for each individual creditor claim Correspondence Reviewing and responding to correspondence Correspondence with the Receivers and Managers in relation to receipt of final surplus Document maintenance/ file review/ Filing of relevant documents Administration checklist File reviews 22.8 Hours Updating checklists $5, ASIC Form 524 and other forms Preparing and lodging ASIC forms including 505, 524, 911 etc Correspondence with ASIC regarding statutory forms Fees and billing Preparation and payment of Liquidator's fees and expenses ATO & other statutory reporting Preparing BAS Planning / Review Discussions regarding status of liquidation Books and records / storage Dealing with records in storage Total Hours $139,

17 3. Australian Discount Retail Pty Ltd Calculation of Remuneration from 1 May 2011 to 31 January 2012 Employee Position $/hour (ex GST) Total actual Creditors Administration hours Hours $ Hours $ David Lombe CRG Partner , , Vaughan Strawbridge CRG Partner Gerard Meade AA Partner Jacqueline Hermann CRG Manager , , Ben Smith CRG Manager Tanya George CRG Manager , , Naty Spowart CRG Sr Analyst , , Tanya George CRG Sr Analyst , , Carol Clark CRG Sr Analyst Kathryn Lawrence CRG Analyst , , , Adam Edmondson CRG Graduate Ghena El Husni CRG Graduate Elizabeth De Paoli CRG Vacationer Michael Dean CRG Vacationer Sarah Smith CRG Vacationer Arlene Dolan CRG Support B Total ($) TOTAL GST TOTAL (including GST) Average hourly rate , , , , ,

18 AUSTRALIAN DISCOUNT RETAIL PTY LTD (Receivers and Managers Appointed) (In Liquidation) A.C.N REMUNERATION REPORT LIQUIDATORS REMUNERATION 4. Description of work completed from 1 May 2011 to 31 January 2012 Task Area General Description Includes Creditors Creditor Enquiries Receive and follow up creditor enquiries via telephone 90.0 Hours Maintaining creditor enquiry register $29, Review and prepare correspondence to creditors and their representatives via facsimile, and post Pooling Application Liaising with lawyers re requirements for pooling application Preparation of information required for pooling application Preparation and swearing of Liquidators affidavit for pooling application Attendance at Court hearing of the pooling application Creditor reports Preparing circular to creditors regarding the ADR Group pooling application Correspondence Reviewing and responding to correspondence Document maintenance/ file review/ Filing of relevant documents Administration checklist File reviews 55.8 Hours Updating checklists $14, ASIC Form 524 and other forms Preparing and lodging ASIC forms including 505, 524, 911 etc Correspondence with ASIC regarding statutory forms Bank Accounts Liaise with relevant banks re bank accounts held Monitor and arrange for rollover of term deposits Receipts and Payments Arrange for payment of Liquidators liabilities Record receipts and payments Fees and billing Preparation and payment of Liquidator's fees and expenses ATO & other statutory reporting Preparing BAS Planning / Review Discussions regarding status of administration Books and records / storage Dealing with records in storage Total Hours $43,

19 ANNEXURE E 1. Australian Discount Retail Group Calculation of Future Remuneration from 1 February 2012 onwards Employee Position $/hour (ex GST) Total actual Total ($) Creditors Dividend Administration hours Hours $ Hours $ Hours $ David Lombe CRG Partner , , , , David Orr CRG Sr Manager , , , , Tanya George CRG Manager , , Carol Clark CRG Sr Analyst , , Kathryn Lawrence CRG Sr Analyst , , , , Naty Spowart CRG Sr Analyst , , Teressa Cheung CRG Analyst , , , , Adam Edmondson CRG Graduate Ghena El Husni CRG Graduate , , Katherine Nicholson CRG Graduate , , Arlene Dolan CRG Support B TOTAL GST TOTAL (including GST) Average hourly rate 1, , , , , , ,

20 AUSTRALIAN DISCOUNT RETAIL GROUP (In Liquidation) REMUNERATION REPORT LIQUIDATORS FUTURE REMUNERATION 2. Description of work to be completed from 1 February 2012 onwards Task Area General Description Includes Creditors Creditor Enquiries Receive and follow up creditor enquiries via telephone Hours Maintaining creditor enquiry register $54, Review and prepare correspondence to creditors and their representatives via facsimile, and post Conduct of Annual General Meeting Processing proofs of debt Prepare report to creditors pursuant to Section 508 of the Corporations Act 2001 for the period 26 November 2010 to 25 November 2011 Prepare advertisement for Annual General Meeting Receipt PODs and Proxies and maintain POD and Proxy register Conduct Annual General Meeting on 24 February 2012 Preparation of correspondence to potential creditors inviting lodgement of POD Receipt of PODs Maintain POD register Adjudicating PODs Dividend Request further information from claimants regarding POD Hours Preparation of correspondence to claimant advising outcome of adjudication $201, Dividend procedures (interim & final) Preparation of correspondence to potential creditors inviting lodgement of POD Receipt of PODs Maintain POD register including details of each individual creditor and the status of their claim Adjudicating PODs including preparation of adjudication file note for each individual claim Review of supporting documentation for each individual claim Corresponding with creditors in relation to PODs submitted and further information requirements Request further information from claimants regarding POD Preparation of dividend timeline Correspondence with Receivers and Managers in respect of a number of creditor claims Maintaining a file for each individual creditor claim Correspondence Reviewing and responding to correspondence Document maintenance/ file review/ Filing of relevant documents Administration checklist File reviews Hours Updating checklists $34, ASIC Form 524 and other forms Preparing and lodging ASIC forms including 505, 524, 911 etc Correspondence with ASIC regarding statutory forms Fees and billing Preparation and payment of Liquidator's fees and expenses ATO & other statutory reporting Preparing BAS Finalisation Notifying ATO of finalisation Cancelling ABN / GST / PAYG registration Completing checklists Finalising WIP Planning / Review Discussions regarding status of liquidation Books and records / storage Dealing with records in storage Total 1,057.3 Hours $290,

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