Notice is given that a meeting of the creditors of the Company, or a meeting for each of the Companies, (for multiple companies), will be held:
Location: |
Australia Business Rescue Pty Ltd G14, 1-15 Barr Street Balmain NSW 2041 |
Meeting date: |
17 January 2019 |
Meeting time: |
10:00AM |
(If multiple companies, see special instructions for meeting times)
Creditors wishing to attend are advised proofs and proxies are to be submitted to the external administrator by:
Time: |
4:00PM |
Date: |
16 January 2019 |
Attending and voting at the meeting
Creditors are invited to attend the meeting, however they are not entitled to participate and vote at a meeting unless:
-Proof of debt: They have lodged with the Liquidator, particulars of the debt or claim and the claim has been admitted, wholly or in part, by the Liquidator. If a proof of debt has already been lodged, they do not need to do so again. Refer to Note 1 for further guidance on entitlement to vote.
-Proxies or attendance: They are either present in person or by electronic facilities (if being made available) or validly represented by proxy, attorney or an authorised person under s250D of the Corporations Act. If a corporate creditor or represented, a proxy form, power of attorney or evidence of appointment of a company representative pursuant to Section 250D of the Corporations Act 2001 (the Act) must be validly completed and provided to the Liquidator at or before the meeting].
To enable sufficient time to review, proofs of debt and proxies (or document authorising the representation) should be submitted to Vincent Do at vincent@abrliquidations.com.au or ABR Liquidation Services, G14, 1-15 Barr street, BALMAIN NSW 2041 by no later than 4:00 PM on Wednesday, 16 January 2019. If you choose to return these documents, please allow sufficient time for the documents to be received prior to the due date.
Note 1: Entitlement to vote and completing proofs
IPR (Corp) 75 85 Entitlement to vote at meetings of creditors
(1) A person other than a creditor (or the creditor?s proxy or attorney) is not entitled to vote at a meeting of creditors.
(2) Subject to subsections (3), (4) and (5), each creditor is entitled to vote and has one vote.
(3) A person is not entitled to vote as a creditor at a meeting of creditors unless:
(a) his or her debt or claim has been admitted wholly or in part by the external administrator; or
(b) he or she has lodged, with the person presiding at the meeting, or with the person named in the notice convening the meeting as the person who may receive particulars of the debt or claim:
(i) those particulars; or
(ii) if required -a formal proof of the debt or claim.
(4) A creditor must not vote in respect of:
(a) an unliquidated debt; or
(b) a contingent debt; or
(c) an unliquidated or a contingent claim; or
(d) a debt the value of which is not established;
unless a just estimate of its value has been made.
(5) A creditor must not vote in respect of a debt or a claim on or secured by a bill of exchange, a promissory note or any other negotiable instrument or security held by the creditor unless he or she is willing to do the following:
(a) treat the liability to him or her on the instrument or security of a person covered by subsection (6) as a security in his or her hands;
(b) estimate its value;
(c) for the purposes of voting (but not for the purposes of dividend), to deduct it from his or her debt or claim.
(6) A person is covered by this subsection if:
(a) the person's liability is a debt or a claim on, or secured by, a bill of exchange, a promissory note or any other negotiable instrument or security held by the creditor; and
(b) the person is either liable to the company directly, or may be liable to the company on the default of another person with respect to the liability; and
(c) the person is not an insolvent under administration or a person against whom a winding up order is in force.