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SAS Global Group of Companies

Appointment Type: Voluntary Administration

Appointment Date: 06/11/2009

ACN: See "Background Information"


Appointee(s):
Martin Jones, Andrew Saker, Darren Weaver

Office: Perth

Case Contact: Alex Godfrey or Sandra Gauci

Phone: +61 8 9214 1444

Fax: +61 8 9214 1400


Email: SASG@fh.com.au

Background Information:

The directors of the individual SAS Global Group company appointed Martin Jones, Andrew Saker and Darren Weaver as the Joint and Several Administrators pursuant to Section 436A of the Corporations Act 2001 over the following companies:

CompanyACNAppointment DateAppointees
SAS Global Baldivis Ltd 120 233 490 6 November 2009

Martin Jones

Darren Weaver 

Andrew Saker

SAS Global Coogee Ltd 125 069 874 11 November 2009

Martin Jones

Darren Weaver 

Andrew Saker

SAS Global Mandurah Ltd 117 669 468 11 November 2009

Martin Jones

Darren Weaver 

Andrew Saker

SAS Global Mosman

Park Equity Ltd

124 508 596 11 November 2009

Martin Jones

Darren Weaver 

Andrew Saker

SAS Global Seville

Grove Ltd

123 755 859 11 November 2009

Martin Jones

Darren Weaver 

Andrew Saker

SAS Global Mosman

Park Ltd

124 033 889 13 November 2009 Martin Jones

 Brian McMaster and Mark Mentha of KordaMentha were appointed as Joint and Several Receivers and Managers ("R&M") over the following entities:

CompanyR&M Appointment DateR&M Finalisation Date

SAS Global Baldivis Ltd

9 November 2009

12 May 2011

SAS Global Coogee Ltd

19 November 2009

17 August 2011

SAS Global Mandurah Ltd

19 November 2009

2 May 2011

SAS Global Seville Grove Ltd

19 November 2009

2 February 2011

SAS Global Mosman Park Ltd

19 November 2009

17 August 2010

Current Status and Actions Required by Creditors:

The second meeting of creditors for the individual SAS Global Group companies were held and the outcomes of the meetings were as follows:

CompanyOutcome
SAS Global Baldivis Ltd

Creditors resolved that the company should execute a DOCA and that Martin Jones, Andrew Saker and Darren Weaver be appointed Joint and Several Deed Administrators. The DOCA was executed on 2 March 2010.

At meetings of creditors held on 17 September 2010 and 31 March 2010, creditors resolved in favour of variations to the Paterson’s Corporate Securities DOCA proposal. The proposal provided for a reconstruction of the company and involved satisfying a number of conditions precedent (including the Receivers and Managers concluding the sale of the property and their subsequent retirement thereafter) prior to completion.

Settlement of sale of the Baldivis property occurred on 23 March 2011 reporting a shortfall to the secured creditor, the National Australia Bank Ltd (NAB) of $11.6M. Accordingly there were no surplus assets available to the company's stakeholders.

The Paterson's DOCA effectuated on 28 September 2011 through the implementation of a Creditors Trust which provides a structure whereby creditors' claims are released by the company and are dealt with by the Trustee instead.

Given the successful completion of the Paterson's DOCA, control of the company's affairs has passed to the new company board for the purpose of recapitalising the company. In this regard we anticipate the new board will be in contact with shareholders regarding the future of the company before the end of the 2011 calendar year.

SAS Global Coogee Ltd

Creditors resolved that the company be wound up. Accordingly, Martin Jones, Andrew Saker and Darren Weaver were appointed Joint and Several Liquidators of the company on 16 December 2009.

The property was sold by the R&M for $9.9M which was not enough to discharge the debt owing to the secured creditor, the NAB, resulting in a shortfall of $457,082. Consequently there are no surplus assets available to the company and, accordingly, the Liquidators have issued a tax declaration in accordance with section 104-145 ITAA 1997 for shareholders' income tax records.

Investigations into the company's affairs are still continuing. Dividend distributions will be dependent upon the outcome of the investigations and potential recoveries which may lead there from.

SAS Global Mandurah Ltd

Creditors resolved that the company be wound up. Accordingly, Martin Jones, Andrew Saker and Darren Weaver were appointed Joint and Several Liquidators of the company on 16 December 2009.

The property was sold by the R&M for $4M which was not enough to discharge the debt owing to the secured creditor, the NAB, resulting in a shortfall of $9.5M. Consequently there are no surplus assets available to the company and, accordingly, the Liquidators have issued a tax declaration in accordance with section 104-145 ITAA 1997 for shareholders' income tax records.

SAS Global Mosman Park Equity Ltd

Creditors resolved that the company should execute a DOCA and that Martin Jones, Andrew Saker and Darren Weaver be appointed Joint and Several Deed Administrators.  The DOCA was executed on 11 January 2010.

Absent receipt of a DOCA proposal to reconstruct the company, the company's holding DOCA was terminated on 9 December 2010 and the company wound up.

SAS Global Seville Grove Ltd

Creditors resolved that the company should execute a DOCA and that Martin Jones, Andrew Saker and Darren Weaver be appointed Joint and Several Deed Administrators. The DOCA was executed on 9 March 2010.

Absent receipt of a DOCA proposal to reconstruct the company, the company’s holding DOCA was terminated on 23 August 2010 and the company placed into liquidation.

The property was sold during December 2010 for $4.05M resulting in a shortfall to the NAB.

Given there are no surplus assets available to the company, the Liquidators have issued a tax declaration in accordance with section 104-145 ITAA 1997 for shareholders' income tax records.

SAS Global Mosman Park Ltd

Creditors resolved that the company should execute a DOCA and that Martin Jones, Andrew Saker and Darren Weaver be appointed Joint and Several Deed Administrators. The DOCA was executed on 11 January 2010.

The proceeds received from the sale of the North Fremantle property were not enough to discharge the debt owing to the secured creditor, the NAB, resulting in a shortfall of $7.5M.

Absent receipt of a DOCA proposal to reconstruct the company, the company's holding DOCA was terminated and the company put into liquidation on 9 December 2010.

Given there are no surplus assets available to the company, the Liquidators have issued a tax declaration in accordance with section 104-145 ITAA 1997 for shareholders' income tax records.

Next Milestone and Estimated Timetable:

For the companies which had executed DOCAs:

No viable proposals were received in respect to Seville Grove, Mosman Park Ltd and Mosman Park Equity and, accordingly, the Deed Administrators gave written notice to creditors that the DOCA's had been terminated during the course of 2010.

For SAS Global Baldivis Ltd, the Paterson's Corporate Securities DOCA wholly effectuated on 28 September 2011. Paterson's forwarded payment of the $260,000 in accordance with clause 9.4(a) of the DOCA which was subsequently distributed pursuant to the provisions outlined in the DOCA ($30,000 was forwarded to the secured creditor NAB in exchange for release of the fixed and floating charge held over the company with the remainder of funds available for distribution by the Trustees in accordance with our report to creditors dated 23 March 2011).

For the companies which have been wound up:

The Liquidators investigation into the companies affairs are continuing.

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

Tax declaration statements in accordance with section 104-145 ITAA 1997 can be accessed below for the following companies:

  • SAS Global Coogee Ltd;
  • SAS Global Seville Grove Ltd;
  • SAS Global Mosman Park Ltd; and
  • SAS Global Mandurah Ltd.

Given SAS Global Mosman Park Equity Ltd has surplus funds available for distribution (to be distributed in accordance with ranking priorities) we anticipate a distribution of funds early in the 2012 calendar year.

Likely Outcome for Creditors and Timetable:

The Deed Administrators/Liquidators investigation into the individual companies' affairs are continuing.

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

Any dividend distributions will be subject to the normal adjudication procedures and paid in accordance with ranking priorities.

Given the successful completion of the Paterson's Corporate Securities DOCA all control and power has now passed to the new Paterson's board. Accordingly, Paterson's intend to contact all SAS Global Baldivis shareholders before the end of the calendar year (2011) in respect to the future of the company.

 

Documents available for download:

document type iconSAS Baldivis Ltd Circular to Creditors dated 10 October 2011
173 KB

Published: 11/10/2011

document type iconSAS Global Seville Grove Tax Declaration
80 KB

Published: 09/06/2011

document type iconSAS Global Coogee Tax Declaration
80 KB

Published: 09/06/2011

document type iconSAS Global Mosman Park Ltd Tax Declaration
80 KB

Published: 09/06/2011

document type iconSAS Global Baldivis - circular to creditors dated 1 April 2011
81 KB

Published: 01/04/2011

document type iconSAS Global Baldivis Ltd Report to Creditors dated 23 March 2011
310 KB

Published: 23/03/2011

document type iconSAS Global Mandurah Ltd Tax Declaration to Shareholders
80 KB

Published: 09/12/2010

document type iconSAS Global Mosman Park Equity circular to creditors re DOCA termination dated 30 November 2010
179 KB

Published: 30/11/2010

document type iconSAS Global Mosman Park circular to creditors re DOCA termination dated 30 November 2010
193 KB

Published: 30/11/2010

document type iconSAS Global Baldivis Circular to Creditors dated 10 September 2010
349 KB

Published: 10/09/2010

document type iconSAS Global Seville Grove Circular to Creditors re DOCA termination dated 30 August 2010
60 KB

Published: 30/08/2010

document type iconSAS Global Baldivis Circular to Creditors dated 11 August 2010
138 KB

Published: 11/08/2010

document type iconSAS Global Seville Grove Circular to Creditors re execution of DOCA
76 KB

Published: 11/03/2010

document type iconSAS Global Baldivis - Circular to Creditors re Execution of DOCA
74 KB

Published: 05/03/2010

document type iconSAS Global Baldivis Supplementary Report - DOCA Proposal
174 KB

Published: 17/02/2010

document type iconSAS Global Seville Grove Supplementary 439A Report
538 KB

Published: 15/02/2010

document type iconSAS Global Baldivis Supplementary 439A Report
346 KB

Published: 10/02/2010

document type iconSAS Global Mosman Park Circular to Creditors re DOCA
225 KB

Published: 21/01/2010

document type iconSAS Global Mosman Park Equity Circular to Creditors re DOCA
229 KB

Published: 21/01/2010

document type iconSAS Global Coogee Ltd Circular to Creditors
119 KB

Published: 24/12/2009

document type iconSAS Global Mandurah Ltd Circular to Creditors
118 KB

Published: 24/12/2009

document type iconSAS Global Seville Grove Circular to Creditors
56 KB

Published: 24/12/2009

document type iconSAS Global Baldivis Ltd Circular to Creditors
55 KB

Published: 24/12/2009

document type iconSAS Mosman Park Ltd S349 Report
1021 KB

Published: 10/12/2009

document type iconSAS Global Mosman Park Equity Ltd S439A Report
712 KB

Published: 08/12/2009

document type iconSAS Global Seville Grove S439A Report
748 KB

Published: 08/12/2009

document type iconSAS Global Mandurah Ltd S439A Report
723 KB

Published: 08/12/2009

document type iconSAS Global Coogee Ltd S439A Report
543 KB

Published: 08/12/2009

document type iconSAS Global Baldivis Ltd S439A Report
788 KB

Published: 03/12/2009

document type iconAGM Statement - SAS Global Seville Grove Ltd
533 KB

Published: 16/11/2009

document type iconFirst Circular to Creditors – SAS Global Mosman Park Ltd
197 KB

Published: 16/11/2009

document type iconAGM Statement - SAS Global Mosman Park Equity Ltd
528 KB

Published: 16/11/2009

document type iconAGM Statement - SAS Global Mandurah Ltd
526 KB

Published: 16/11/2009

document type iconAGM Statement - SAS Global Coogee Ltd
529 KB

Published: 16/11/2009

document type iconFirst Circular to Creditors – SAS Global Mosman Park Equity Ltd
331 KB

Published: 12/11/2009

document type iconFirst Circular to Creditors – SAS Global Seville Grove Ltd
331 KB

Published: 12/11/2009

document type iconFirst Circular to Creditors – SAS Global Coogee Ltd
331 KB

Published: 12/11/2009

document type iconFirst Circular to Creditors – SAS Global Mandurah Ltd
332 KB

Published: 12/11/2009

document type iconAGM Statement - SAS Global Baldivis Ltd
575 KB

Published: 09/11/2009

document type iconFirst Circular to Creditors – SAS Global Baldivis Ltd
313 KB

Published: 09/11/2009

 
Phone:
+61 8 9214 1444
Fax:
+61 8 9214 1400
Email:
andrew.saker@fh.com.au