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Corporations Act 2001
Insolvency Practice Rules (Corporations) 2016
s80-5(4) and(5) and s70-40(1)

NOTICE OF MEETING OF MEMBERS OF COMMITTEE OF INSPECTION

Company details

Company: Ostwald Bros Pty Ltd
ACN: 099 115 009
Status: In Liquidation
Appointed: 30 November 2017

Meeting details

Notice is given that a meeting of the committee of inspection of the Company, or a meeting of the committee of inspection for each of the Companies, (for multiple companies), will be held:

Location: Level 18, 1 Eagle Street Brisbane QLD 4000
Meeting date: 16 March 2018
Meeting time: 10:00am

(If multiple companies, see special instructions for meeting times)

Agenda

Agenda items are:

  • to consider a summary of the receipts and payments of the external administrator(s)
  • any other business
  • As no Committee of Inspection meeting has been held since the Company went into a liquidation on 30 November 2017, and the liquidator is refusing to call a meeting, as a member of the COI I am calling a meeting to consider the following:

    1. COI to consider application to Court by liquidator regarding rule 80-55 transactions and provide the liquidator with guidance as to whether the COI supports this application, supports only certain transactions or opposes the application;

    2. As trading is to have finished, Liquidator to provide update on trading position, including:
    a. Details of completed contracts;
    b. Details of ongoing contracts, including anticipated completion date; and
    c. Trading position as at 28 February 2018 (net profit or loss);

    3. Liquidator to provide update on Seymour Whyte dispute;

    4. Frequency of Committee Meetings and format of meetings/rules to be discussed;

    5. Liquidator to clarify his comments to Sydney Insolvency News that he intends to step down in April. This has not been discussed with the whole COI and guidance is sought on what triggered this and what is involved so everyone has all relevant information;

    6. COI to consider steps necessary to replace Mr Vickers upon his resignation or otherwise and pass any appropriate resolutions; and

    6. Any other business a Committee member wishes to raise.

    As the Court hearing for the liquidator's application will be before the date this meeting can be held (as 10 Business Days notice is required when a COI member calls a meeting), the liquidator should feel free to bring this meeting forward (as he has the power to do) so that he can provide the Court with the COI's view on the application. COI members are prepared to meet with as little as one business day's notice (as occurred during th administration).

    Special instructions

    As the Court hearing for the liquidator's application will be before the date this meeting can be held (as 10 Business Days notice is required when a COI member calls a meeting), the liquidator should feel free to bring this meeting forward (as he has the power to do) so that he can provide the Court with the COI's view on the application. COI members are prepared to meet with as little as one business day's notice (as occurred during th administration).

    Proxies

    Members of the committee are advised proxies should be submitted to the convenor of the meeting by:

    Time: 10:00am
    Date: 15 March 2018

    Electronic facilities

    Members of the committee wishing to attend by electronic means are advised they can utilise the following facility:

    Facility details To be provided
    Password: TBA

    Members of the Committee wishing to participate in the meeting by using electronic facilities must return to the convenor of the meeting not later than the second-last business day before the day of the meeting, a written statement setting out

    i. the name of the person and of the proxy or attorney, (if any); and
    ii. an address to which notices to the person, proxy or attorney may be sent; and
    iii. a method by which the person, proxy or attorney may be contacted for the purposes of the meeting.


    Date of Notice: 01 March 2018

    Committee Member
    Joint Liquidator

    Address Level 18, 1 Eagle Street Brisbane 4000
    Contact person Jonathan Whybird
    Contact number 0450924908
    Facsimile
    Email jonathanwhybird@hotmail.com
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