29 January 2014 REPORT TO CREDITORS Dear Sir/Madam RRCM Pty Ltd (In Liquidation) (the Company) ACN 069 949 631 I refer to my appointment as Official Liquidator of the Company on 5 June 2003 pursuant to an Order of the Supreme Court of Western Australia. I now provide my final report to creditors pursuant to Section 509 of the Corporations Act 2001 (the Act) regarding the Company. 1. Statement of Key Realisations I set out below a statement of key realisations of the Company during my appointment: Description Note Key Realisations $ Dividend Proceeds 1.1 397,618 Sale Proceeds 1.2 26,102 Surplus from Receivership 1.3 34,537 Total 458,257 I comment on the above as follows: 1.1 Dividends Proceeds I advise that I was appointed Official Liquidator of the Company s holding company, Ravenswood Resort Pty Ltd (RRPL), on 23 June 2003 pursuant to an order of the Supreme Court of Western Australia. By virtue of an insolvent trading claim against the directors of RRPL pursuant to section 588V of the Act and the resultant settlement reached between the parties in respect of the same, funds became available to RRPL to declare and distribute a dividend to unsecured creditors. RRCM was admitted to claim for the balance of the insolvent trading claim in RRPL and this approach was ratified by creditors of RRPL at a meeting held on 20 July 2012. Accordingly a total dividend of $397,671.51 was received from RRPL on 16 August 2012 in respect of the above insolvent trading claim, representing a dividend at a rate of 20.6 cents in the dollar. 1.2 Sale of Exotic Birds At the date of my appointment within the property development managed by RRCM there were a number of exotic birds. These birds were realised as part of the winding up of the Company and net proceeds of $26,102 was received from the sale.
1.3 Surplus from Receivership Simon Read and Cliff Rocke of PPB Ashton Read were appointed as Receivers and Managers (Receivers) of RRCM on 20 November 2002 pursuant to various securities granted by the Company in favour of the Commonwealth Bank of Australia Limited (CBA). As a result of realisations of the Company s assets, the Receivers were able to satisfy the CBA s secured debt in full and the resultant surplus proceeds was transferred to the Company s liquidator during July 2004. 2. Dividend to Unsecured Creditors I advise that a first and final dividend was declared on 13 March 2013 to unsecured creditors in the amount of 18.21 cents in the dollar. All unclaimed monies in respect of the first and final dividend have been paid to the Australian Securities and Investment Commission (ASIC). No further dividend is expected to be paid to unsecured creditors. 3. Liquidators Receipts and Payments The liquidator s receipts and payments for the period 5 June 2003 to 31 December 2013 are tabled below: Receipts and Payments $ Receipts Interest 1,106 Dividend Received 397,618 GST Received 13,479 Sale Proceeds 26,102 Other 161 Surplus from Receivership 34,537 Total Receipts 473,003 Payments Agent Fees (22) Liquidators Disbursements (8,191) Bank Charges (1,907) Bird Expenses (4,232) Dividends to Unsecured Creditors (264,042) Liquidator Fees (88,039) GST Payments (12,130) Legal Fees (13,500) Total Payments (392,063) Current Cash at Bank 80,940 Whilst funds of circa $80,000 are held, in light of the Liquidator s outstanding remuneration, if approved, no further dividend will be paid to creditors.
Creditors are advised pursuant to Section 539(5) of the Act that the Liquidator s account of receipts and payments has been made up and can be inspected at the offices of Ferrier Hodgson, Level 28, 108 St Georges Terrace, Perth, Western Australia, during business hours. 4. Report to the Australian Securities and Investments Commission (ASIC) My investigations into the affairs of the Company have been completed and I reported to the ASIC on 29 March 2006 pursuant to Section 533 of the Act. In my report I examined various aspects of the Company's trading activities and also as to whether any purported offences had been committed by any officers of the Company. The report is confidential between the ASIC and the Liquidator, however I advise that clearance was received from ASIC for the Liquidator to finalise the liquidation in due course. 5. Final Meeting of Creditors and Members As you are aware, creditors did not approve my remuneration at the meeting of creditors held on 15 June 2012. Accordingly, I filed an application with the Supreme Court for the determination of my remuneration. I confirm that the application was successful in approving my remuneration to 30 April 2012. Further, I advise that remuneration was not approved at the meeting of creditors to undertake the future tasks required to finalise the Liquidation. In this regard the following tasks have been completed since 30 April 2012: Adjudication of formal proofs of debt, including seeking legal advice in respect of complex contractual claims; Lodging an application for approval of the Liquidator s remuneration; Payment of the first and final dividend to unsecured creditors; and Lodging unclaimed dividend distributions with the Australian Securities and Investments Commission. Additionally in order to finalise the liquidation I need to undertake the following tasks: Prepare a final report to creditors on the liquidation; Convene a meeting of creditors to consider the remuneration of the Liquidator; and Attend to final statutory lodgments and other finalisation matters. Accordingly pursuant to Section 509(1) of the Act, a final meeting of the creditors of the Company will be held at the offices of Ferrier Hodgson, Level 28, 108 St Georges Terrace, Perth on Wednesday, 5 March 2014 at 11.00am AWST.
In this regard, I enclose the following documents: (a) (b) (c) Notice of Meeting of Creditors and Members to be held at the offices of Ferrier Hodgson, Level 28, 108 St Georges Terrace, Perth on Wednesday, 5 March 2014 at 11.00am AWST. Appointment of Proxy form. The form enables you to appoint a person to act on your behalf at the meeting. Proxy Forms submitted for previous meetings are not valid for this meeting; Formal Proof of Debt for Voting Purposes. If you have submitted a Formal Proof of Debt for dividend purposes, you do not need to submit another one for this meeting. The Formal Proof of Debt for Voting Purposes and Proxy From should be lodged with this office before the meeting and, in any event not later than 4.00pm on the day prior to the meeting. Forms can be sent by facsimile on (08) 9214 1400 marked to the attention of Dana James or scanned and emailed to dana.james@fh.com.au. However, Corporations Regulation 5.6.36A requires lodgment of the original of the Proxy Form with the Liquidator s office within 72 hours of lodging the electronic copy. 6. Liquidators Remuneration At the final meeting of creditors I will be seeking approval for the Liquidator s outstanding remuneration pursuant to Section 499(3) of the Act in the amount of $94,643.50 (excluding GST). However given the Company s remaining cash position I note that fees in the amount of $13,735.90 will be written off. I table below a summary of the Liquidator s remuneration to 31 December 2013: Period Amount (Excl GST) $ Past remuneration approved: 5 June 2003 to 9 July 2004 33,924.30 10 July 2004 to 30 June 2005 9,043.60 5 June 2003 to 30 April 2012 45,071.00 Total past remuneration approved 88,038.90 Current remuneration approval sought: 1 May 2012 to 31 December 2013 94,643.50 Total 182,682.40 Total Disbursements from 5 June 2003 to 31 December 2013 8,191.00 Please find enclosed my Remuneration Report to creditors for professional fees and disbursements that I have incurred for the period 1 May 2012 to 31 December 2013. Additionally I estimate that further fees of $5,000.00 excluding GST will be incurred to finalise the liquidation of RRCM. However given the Company s remaining cash position these fees will also be written off.
7. Conclusion I advise that within seven (7) days following the final meeting of creditors and members, I am required to submit a final report of the meeting to the ASIC. The ASIC may then deregister the company at the end of three (3) months from the date of submitting my account. I therefore suggest that if you wish to raise any matter, you do so at or before the final meeting. Should you require any further information concerning the contents of this report or the liquidation in general, please do not hesitate to contact either Jonathan Hartman or Dana James of this office. Yours faithfully RRCM Pty Ltd Martin Jones Official Liquidator Encl.
FORM 529 CORPORATIONS ACT 2001 Subregulation 5.6.12(2) RRCM PTY LTD (IN LIQUIDATION) ACN 069 949 631 NOTICE OF MEETING OF CREDITORS NOTICE is hereby given pursuant to section 509 of the Corporation Act 2001 that a final meeting of the creditors of the Company will be held at the offices of Ferrier Hodgson, Level 28 108 St George s Terrace, Perth WA 6000 on Wednesday, 5 March 2014 at 11 am (AWST). AGENDA 1. To receive a report from the Chairman on the conduct of the Liquidation. 2. To consider and, if thought fit, approve the remuneration of the Official Liquidator for the period from 1 May 2012 to 31 December 2013 in the sum of $94,643.50 plus any applicable GST, such remuneration being calculated on a time basis at rates set out in the Ferrier Hodgson schedule of hourly rates. 3. Any other business that may be lawfully brought forward. Proxies to be used at the meeting should be lodged at the office of the Official Liquidator by 4.00pm on the day prior to the meeting. A corporation may only be represented by proxy or by an attorney appointed pursuant to Corporation Regulation 5.6.28 and 5.6.31 respectively or, by a representative appointed under Section 250D of the Corporations Act 2001. In accordance with Regulation 5.6.23(1) of the Corporations Regulations, creditors will not be entitled to vote at this meeting unless they have previously lodged particulars of their claim against the company with the Official Liquidator. DATED this 29 th day of January 2014 Martin Bruce Jones Official Liquidator
FORM 532 CORPORATIONS ACT 2001 Regulation 5.6.29 APPOINTMENT OF PROXY CREDITORS MEETING RRCM PTY LTD (IN LIQUIDATION) ACN 069 949 631 *I/*We 1... of... a creditor of RRCM Pty Ltd (In Liquidation), appoint 2... or in his absence... as *my/our *(i) general OR *(ii) special proxy to vote at the meeting of creditors to be held on 5 March 2014, or at any adjournment of that meeting 3. (i) on all matters arising at the meeting; OR (ii) on the following kind of resolution in the manner specified: (a) To consider and, if thought fit, approve the remuneration of the Official Liquidator for the period from 1 May 2012 to 31 December 2013 in the sum of $94,643.50 plus any applicable GST, such remuneration being calculated on a time basis at rates set out in the Ferrier Hodgson schedule of hourly rates. For Against Abstain DATED this day of 2014 (Please circle)... OR The Common Seal of 4 Signature 5 of individual or person 6 authorised by corporate resolution to was hereunto affixed in the represent the corporation presence of... Director... Secretary * Strike out if inapplicable 1 If a firm, strike out I and set out the full name of the firm. 2 Insert the name, address and description of the person appointed. 3 If a special proxy add the words "to vote for" or the words "to vote against" and specify the particular resolution. 4 The method of affixing the Common Seal is prescribed in Section 127(2) of the Corporations Act 2001 and, usually, the creditor corporation s constitution. 5 The signature of the creditor is not to be attested by the person nominated as proxy. 6 A corporation may only be represented by proxy or by an attorney appointed pursuant to Corporations Regulations 5.6.28 and 5.6.31A respectively or, by a representative appointed under Section 250D of the Corporations Act 2001. Copy of authority/power of attorney to be annexed.
CERTIFICATE OF WITNESS 7 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 before he attached his signature or mark to the instrument. DATED this day of 2014 (Please circle)... Signature of Witness... Description... Place of Residence 7 This certificate is to be completed only where the person giving it is blind.
FORM 535 CORPORATIONS ACT 2001 Subregulation 5.6.49(2) FORMAL PROOF OF DEBT OR CLAIM ACN 069 949 631 To the creditors of RRCM Pty Ltd (In Liquidation) 1. This is to state that the company was, on 5 June 2003 (1) and still is, justly and truly indebted to (2)...... for... dollars and... cents. Particulars of the debt are: Date Consideration (3) Amount GST included Remarks (4) $ $ 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 2014 (Please circle) Signature of Signatory... NAME IN BLOCK LETTERS... Occupation... Address... 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 $
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 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.
Corporations Act 2001 Section 473(12) RRCM Pty Limited (In Liquidation) (the Company) ACN 069 949 631 Remuneration Request Approval Report Part 1: Declaration I, Martin Jones of Ferrier Hodgson, have undertaken a proper assessment of this remuneration claim for my appointment as Official Liquidator of the Company in accordance with the law and applicable professional standards. I am satisfied that the remuneration claimed is in respect of necessary work, properly performed, or to be properly performed, in the conduct of the liquidation. Part 2: Executive Summary To date, remuneration totaling $88,038.90 (excluding GST), has been approved in this administration. This remuneration report details approval sought for the following fees: Period Report Reference Amount (ex GST) Past remuneration approved: 5 June 2003 to 9 July 2004 $33,924.30 10 July 2004 to 30 June 2005 $9,043.60 5 June 2003 to 30 April 2012 $45,071.00 Total past remuneration approved $88,038.90 Current remuneration approval sought: Liquidation Resolution 1: 1 May 2012 to 31 December 2013 Part 3 $94,643.50 Total-Liquidation $182,682.40
Part 3: Description of Work Completed Resolution 1 Company: RRCM Pty Limited (In Liquidation) Administration Type: Official Liquidation Practitioner: Martin Jones of Ferrier Hodgson Period: 1 May 2012 to 31 December 2013 Task Area General Description Includes Assets Other assets Dealing with discharge of mortgages 0.50 hours $163 (excl GST) Creditors 79.80 hours $26,421.91 (excl GST) Creditor enquiries Creditor reports Receive and follow up creditor enquiries via telephone and email Review and prepare correspondence to creditors and their representatives via facsimile, email and post Preparing meeting and general reports to creditors Meeting of creditors Preparation and lodgment minutes of meetings with ASIC Dividend 93.10 hours $29,215.37 (excl GST) Processing proofs of debt Dividend procedures Preparation of correspondence to potential creditors inviting lodgment of proofs of debt Receipt of proofs of debt Maintain proof of debt register Adjudicating proofs of debt Request further information from claimants regarding proofs of debt Preparation of correspondence to claimant advising outcome of adjudication Liaising with solicitors in relation to creditor claims Preparation of correspondence to creditors advising of intention to declare dividend Advertisement of intention to declare dividend Preparation of dividend calculations Preparation of correspondence to creditors announcing declaration of dividend Advertise announcement of dividend Preparation of distribution Preparation of dividend file Preparation of payment vouchers to pay dividend Preparation of correspondence to creditors enclosing payment of dividend
Task Area General Description Includes Administration Correspondence 136.70 hours $38,842.17 (excl GST) Document maintenance / file review / checklist General correspondence Six monthly administration review Filing of documents File reviews Updating checklists Bank account administration ASIC Form 524 and other forms Requesting bank statements Bank account reconciliations Preparing and lodging ASIC forms including 524 etc. ATO and other statutory reporting Preparing BASs Planning / review Court Application Discussions regarding status / strategy of administration Seeking court approval for remuneration request
Part 4: Calculation of Remuneration (1 May 2012 to 31 December 2013) Resolution 1 Employee Position Avg Rate (Excl GST) Total (hrs) Total ($) Administration ($/Hour) (Hrs) ($) (Hrs) ($) (Hrs) ($) (Hrs) ($) Jones, Martin Partner / Appointee 580 1.00 580.00 - - - - - - 1.00 580.00 Smith, Andrew Director / Specialist 487 49.50 24,098.00 - - 11.80 5,742.50 15.60 7,591.79 22.10 10,763.71 Chu, Kieran Manager 370 0.20 74.00 - - - - - - 0.20 74.00 Holmes, Sean Manager 330 53.10 17,519.00 0.50 163.08 21.00 7,014.06 27.50 8,969.32 4.10 1,372.55 Stephens, Miranda Assistant Manager 294 0.40 117.50 - - - - - - 0.40 117.50 Jonathan Hartman Assistant Manager 345 23.40 8,073.50 - - 21.60 7,451.50-1.80 621.00 Joost, Michelle Senior Analyst 295 10.70 3,156.50 - - 6.00 1,770.00 1.20 354.00 3.50 1,032.50 Murchison, Dawn Senior Analyst 288 3.40 978.00 - - - - - - 3.40 978.01 Xu, Darren Analyst 247 22.20 5,477.50 - - 4.20 1,039.27 10.90 2,687.59 7.10 1,750.63 Thomas, Nadia Analyst 254 103.70 26,387.50 - - 6.70 1,704.57 37.40 9,515.07 59.60 15,167.85 Guthrie, Thomas Analyst 200 0.70 140.00 - - 0.70 140.00 - - - - James, Dana Accountant 225 2.70 608.00 2.70 608.00 Siekierka, Aimee Accountant 195 7.50 1,464.00 - - - - 0.50 97.60 7.00 1,366.40 Vakil, Kinjal Accountant 200 15.60 3,120.00 - - 7.80 1,560.00 - - 7.80 1,560.00 Shah, Nirav Accountant 203 3.10 630.00 - - - - - - 3.10 630.01 Savage Ben Accountant 195 3.20 624.00 - - - - - - 3.20 624.00 Titlestad, Jacqui Personal / Team Assistant 170 4.10 695.00 - - - - - - 4.10 695.00 Jamieson, Amy Accounts Supervisor / Assistant 173 1.80 311.00 - - - - - - 1.80 311.00 Newland, Talia Admin Supervisor / Assistant 155 0.40 62.00 - - - - - - 0.40 62.00 Seward, Mitchell Admin Supervisor / Assistant 155 3.40 528.00 - - - - - - 3.40 528.00 Total Preliminary Fees (Excluding GST) 310.10 94,643.50 0.50 163.08 79.80 26,421.91 93.10 29,215.37 136.70 38,842.17 Average Hourly Rate 305 326 331 314 284 Amount Written Off 45.00 13,735.90 - - 14.00 4,635.42 10.00 3,133.52 21.00 5,966.98 Total Final Fee (Excluding GST) 265.10 80,907.60 0.50 163.08 65.80 21,786.48 83.10 26,081.85 115.70 32,875.19 GST 8,090.76 Total Final Fee (Including GST) 88,998.36 Average Hourly Rate 305 326 331 314 284 Task Area Assets Creditors Dividend
Part 5: Statement of Remuneration Claim Resolution to be put to creditors at the meeting convened for 5 March 2014 At the meeting of creditors convened for 5 March 2014, creditors will be asked to consider the following resolution: Resolution 1: "That the remuneration of the Official Liquidator, as set out in the Remuneration Request Approval Report dated 24 January 2014, for the period from 1 May 2012 to 31 December 2013 be fixed in the amount of $94,643.50 plus any applicable GST and may be paid." Remuneration approved and drawn to date Set out below is a summary of the Official Liquidator s remuneration approved and drawn to date: Period Amount Approved Amount Drawn 5 June 2003 to 9 July 2004 33,924.30 33,924.30 10 July 2004 to 30 June 2005 9,073.60 9,043.60 5 June 2003 to 30 April 2012 45,071.00 45,071.00 Part 6: Remuneration Recoverable from External Sources The Official Liquidator has not received, and is not entitled to receive, any funding from external sources in respect of Official Liquidator s remuneration. Part 7: Disbursements Disbursements are divided into three types: A, B1, B2. A B1 B2 disbursements are all externally provided professional services. These are recovered at cost. An example of an A disbursement is legal fees. disbursements are externally provided non-professional costs such as travel, accommodation and search fees. B1 disbursements are recovered at cost. disbursements are internally provided non-professional costs such as photocopying, printing and postage. B2 disbursements, if charged to the Administration, would generally be charged at cost; though some expenses such as telephone calls, photocopying and printing may be charged at a rate which recoups both variable and fixed costs. The relevant rates are set out below. Disbursement Type Advertising Couriers Mileage Reimbursement Photocopying (colour) Photocopying (mono) Photocopying (outsourced) Printing (colour) Printing (mono) Printing (outsourced) Postage Searches Storage and Storage Transit Telephone Calls Charges (excluding GST) At cost At cost $0.67 per kilometre $0.50 per page $0.20 per page At cost $0.50 per page $0.20 per page At cost At cost At cost At cost At cost I have undertaken a proper assessment of disbursements claimed for the Company, in accordance with the law and applicable professional standards. I am satisfied that the disbursements claimed are necessary and proper.
Disbursements incurred to date are shown in the summary of receipts and payments. Creditor approval for the payment of disbursements is not required. However, the Official Liquidator must account to creditors. Creditors have the right to question the incurring of disbursements and can challenge disbursements in court. Part 8: Report on Progress of the Liquidation The Remuneration Request Approval Report must be read in conjunction with the report to creditors dated 29 January 2014 which outlines the finalisation of the Liquidation. Part 9: Summary of Receipts and Payments A summary of receipts and payments for the period 5 June 2003 to 31 December 2013 has been detailed in the final report to creditors dated 29 January 2014. Part 10: Queries If you require further information in respect of the above, or have other queries, please contact Jonathan Hartman or Dana James of this office on (08) 9214 1444. Part 11: Information Sheet The partners of Ferrier Hodgson are, generally, members of the Insolvency Practitioners Association of Australia (IPA). Ferrier Hodgson follows the IPA Code of Professional Practice. A copy of the Code of Professional Practice may be found on the IPA website at www.ipaa.com.au. An information sheet concerning approval of remuneration in external administrations can also be obtained from the IPA website. Dated: 29 January 2014 Martin Jones Official Liquidator