Evans & Tate Limited
Appointment Type: Creditors' Trust Appointment Date: 20/08/2007 ACN: 064 820 408
Appointee(s):
Martin Jones | Office: Perth Case Contact: Sean Holmes Phone: +61 8 9214 1481 Fax: +61 8 9214 1400
Email: sean.holmes@fh.com.au |
Background Information:
Martin Bruce Jones and Bruce James Carter were appointed Joint and Several Administrators of the Group pursuant to section 436A of the Corporations Act 2001 (“the Act”) on 20 August 2007.
Messrs Peter Anderson, Shaun Fraser and Andrew Birch of McGrath Nicol were also appointed Joint and Several Receivers and Managers of most of the entities in the Group on 21 August 2007.
The adjourned second meeting of creditors was held on 14 December 2007. At this meeting creditors resolved to accept the Deed of Company Arrangement (“DOCA”) proposal put forward for Evans & Tate Limited and Evans & Tate Premium Wines Pty Ltd as detailed in our Report to Creditors dated 6 December 2007. The remaining subsidiaries of Evans & Tate Limited were placed into liquidation on 14 December 2007.The DOCA was executed on 4 January 2008.
A shareholders meeting was held on Tuesday, 27 May 2008 to consider the shareholder resolutions as proposed under the DOCA. At the meeting all proposed resolutions were approved by Shareholders. Shareholders should refer to the Notice of Meeting and Prospectus posted on the Australian Securities Exchange website on 28 April 2008, for further details.
The wholly effectuation of the DOCA on 20 June 2008 gave rise to the formation of Creditors Trust. The purpose of the Creditors Trust is to distribute all surplus assets to creditors in accordance with their statutory priority.
Current Status and Actions Required by Creditors:
We advise that we have concluded our investigations into the affairs of the Group and do not consider that there are any commercial claims to pursue. ASIC clearance has been received to finalise the liquidation.
In view of the above, I have distributed a report to all known creditors of the Group on 25 August 2011 calling for formal proofs of debt and to advise that it is my intention to declare a first and final dividend to unsecured creditors on or before 7 October 2011. If not submitted already, creditors are required to submit a Formal Proof of Debt form to my office by 22 September 2011 should they wish to participate in the dividend. The current estimated dividend position is 0.006 cents in the dollar, however this may be subject to change as proofs of debt are received and adjudicated upon.