TopHeader CurrentMatters

Compass Resources Limited (Subject to DOCA)

Appointment Type: Deed of Company Arrangement

Appointment Date: 21/05/2009

ACN: 010 536 820


Appointee(s):
Steve Sherman, Darren Weaver, Martin Jones

Office: Perth

Case Contact: Sandra Gauci

Phone: +61 8 9214 1444

Fax: +61 8 9214 1400


Email: sgauci@perth.fh.com.au

Background Information:

Martin Jones, Darren Weaver and Steve Sherman were appointed as Joint and Several Voluntary Administrators to Compass Resources Limited (ASX:CMR) and to its wholly owned subsidiary, Compass Mining Pty Limited on 29 January 2009.

Keiran Hutchinson, Paul Campbell-Wilson and Chris Munday of Ernst and Young were appointed Joint and Several Receivers and Managers on 17 February 2009. (Refer to the Creditors circular dated 20 February 2009).

Compass owns and operates mining assets in Northern Territory as well as tenements in New South Wales, Australia and Peru.

Current Status and Actions Required by Creditors:

The Administrators’ reports to creditors dated 22 April 2009 pursuant to section 439A of the Corporations Act 2001 can be found in the “documents available” section below.

Creditors are recommended to review these reports to understand the current status of the Administration.
At the second meeting of creditors held on 30 April 2009, creditors resolved that CMR enter into a Deed of Company Arrangement  ("DOCA") providing the Deed Adminstrators 12 months to:

  • enhance the potential return to unsecured creditors through the sale of the company’s assets and / or a financial re-organisation of the company’s affairs;
  • ascertain the size of the creditor pool (particularly as to the quantum of and validity of claims by shareholders who assert they are creditors of Compass Resources Limited); and
  • further investigate the affairs of the company and as to the possible claims available to the company.

This Deed of Company Arrangement was executed by the company on 21 May 2009.

It should also be noted that the Receivers and Managers resigned from the Featherweight floating charge on 21 May 2009. The effect of this is that the Administrators now have control over the non-joint venture assets whilst the Receivers remain in control of the Oxide facility at Bachelor and of the Sulphide and Regional joint ventures.

In relation to Compass Mining Pty Limited, as no Deed of Company Arrangement was proposed, creditors resolved to place the company into liquidation.

A variation to the abovementioned CMR DOCA was accepted by creditors at a metting of creditors held on 6 January 2010 which provides for a reconstruction of CMR, subject to various conditions precedent being met or waived by the DOCA Proponent, YA Global.

Creditors whom are yet to do so are requested to lodge Formal Proofs of Debt with our office.

Next Milestone and Estimated Timetable:

The Deed Administrators/Liquidators will work with the Committees of Inspection formed at the meeting of creditors held on 30 April 2009 (and since updated) with a view to maximising the return from the Companies’ joint venture and non-joint venture assets.

The Committee members’ details are as follows:

Compass Resources Limited - Committee of Inspection – CreditorRepresentative
Coffee House Group Limited Gordon Toll
Orica Australia Pty Ltd Carole McTavish
YA Global Investments LP Jim Carr
HNC/HAR Qing (Alex) Xu
Compass Mining Pty Ltd - Committee of Inspection – CreditorRepresentative
Ironbark Employment Roger Paul
H20 Pty Ltd Leon Merington
NT Controls and Automation Pty Ltd Sarah Lunn

Subject to various matters, which are outlined in the Administrators’ reports referred to above, the expected dividend payment schedule is:

  • Compass Mining Pty Ltd – Sulphide Joint Venture creditors – 100 cents in the dollar was paid in August 2009;
  • Compass Mining Pty Ltd – Oxide Joint Venture creditors – 10 cents paid in August 2009; 10 cents payable on 24 February 2010; further 75 cents in the dollar estimated in June 2010.
  • Compass Resources Limited – employee claims – 100 cents in the dollar piad in August 2009; and
  • Compass Resources Limited – ordinary unsecured creditors – the likely return is subject to many variables and has been estimated at 32 to 100 cents in the dollar. Dividend timing is subject to the DOCA Proponent clearing the various conditions precedent, with the prospect of a first dividend as early as May 2010.

Likely Outcome for Creditors and Timetable:

Creditors and shareholders should continue to visit our website for further updates.

Documents available for download:

document type iconCMR - Minutes Creditors Meeting 5 July 2010
109 KB

Published: 05/07/2010

document type iconCMPL AGM Meeting Minutes 5 July 2010
58 KB

Published: 05/07/2010

document type iconCommittee of Inspection Minutes of Meeting 16 June 2010
859 KB

Published: 01/07/2010

document type iconCircular to Creditors 25 June 2010
319 KB

Published: 28/06/2010

document type iconCompass Mining Pty Ltd - Circular to Creditors 18 June 2010
165 KB

Published: 23/06/2010

document type iconMeeting of Shareholders Presentation 17 June 2010
380 KB

Published: 23/06/2010

document type iconUpdate to Creditors 17 June 2010
293 KB

Published: 23/06/2010

document type iconCMR – Minutes Shareholder Mtg 17 June 2010
1658 KB

Published: 17/06/2010

document type iconNotice of Shareholders General Meeting
2518 KB

Published: 17/05/2010

document type iconCMR Committee of Inspection Minutes of Meeting - 16 March 2010
435 KB

Published: 16/03/2010

document type iconCMR Committee of Inspection Meeting Minutes - 25 February 2010
44 KB

Published: 25/02/2010

document type iconCMR Report to Commitee of Inspection
107 KB

Published: 23/02/2010

document type iconCMR Minutes of Meeting to vary DOCA - 6 January 2010
818 KB

Published: 19/01/2010

document type iconCMPL Minutes from Committee meeting - 5 January 2010
1050 KB

Published: 14/01/2010

document type iconCircular to Creditors - Proposed DOCA Variation
906 KB

Published: 24/12/2009

document type iconCMR – Minutes of Committee of Inspection Meeting – 22 October 2009
1044 KB

Published: 22/10/2009

document type iconCMPL – Minutes of 3rd Committee of Inspection Meeting – 12 October 2009
272 KB

Published: 12/10/2009

document type iconCMPL Minutes of 2nd Committee of Inspection Meeting 040809
351 KB

Published: 10/08/2009

document type iconCMPL Report to Committee of Inspection 310709
285 KB

Published: 10/08/2009

document type iconCMR Report to Committee of Inspection 040809
349 KB

Published: 06/08/2009

document type iconCMR - Circular to creditors - notice inviting FPOD
123 KB

Published: 07/07/2009

document type iconCMR Committee of Inspection Minutes 190609
1446 KB

Published: 30/06/2009

document type iconCMPL Committee of Inspection Minutes 190609
742 KB

Published: 30/06/2009

document type iconDOCA Deed, Executed 21.05.2009
519 KB

Published: 29/05/2009

document type iconCMR - Second Meeting Minutes
1797 KB

Published: 12/05/2009

document type iconCMPL - Second Meeting Minutes
1136 KB

Published: 12/05/2009

document type iconSigned Liq Circular
58 KB

Published: 08/05/2009

document type iconCMPL 439A Report
1391 KB

Published: 22/04/2009

document type iconCMR 439A Report
1875 KB

Published: 22/04/2009

document type iconCMPL Minutes of Meeting from Committee of Creditors 170309
2260 KB

Published: 17/03/2009

document type iconCMR Minutes of Meeting from Committee of Creditors 170309
2647 KB

Published: 17/03/2009

document type iconASX Press Release
284 KB

Published: 02/02/2009

document type iconCMPL First Circular to creditors
368 KB

Published: 17/02/2009

document type iconCMR First Circular to Creditors
361 KB

Published: 17/02/2009

document type iconCircular to Creditors - 20 February 2009
95 KB

Published: 23/02/2009

document type iconCourt Order for Extension of Convening Period - 25 February 2009
67 KB

Published: 27/02/2009

document type iconCourt Order for Extension of Convening Period - 25 March 2009
74 KB

Published: 02/04/2009

 

Our People

Steve Sherman

Sydney Managing Partner
Sydney

Phone:
+61 2 9286 9999
Fax:
+61 2 9286 9888
Email:
steven.sherman@fh.com.au