Verification Or Certification of a Document
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ASIC registered agent number 109 lodging party or agent name Grant Thornton office, level, building name or P0 Box no. GPO BOX 1008 street number & name suburb/city BRISBANE QLD telephone 0732220200 facsimile 073222 0446 OX number suburb/city Australian Securities & Investments Commission form 911 Corporations Act 2001 Regulation 1.0.16 corporation name H & S Vision Pty Ltd A.C.N. orA.R.B.N. 102 250 911 D document title Minutes of First Meeting of Creditors relevant section or subsection 436E of the corporations Act 2001 D E I verify that the attached document marked ( ) is the original document. lãJ I certify that the attached document marked ( 'A" ) is a true copy of the original document. print name Shaun Capacity: Voluntary Administrator sign here date 04/09/2013 A S & Forms Manager I C Form being prepared OnIe/Itme: 04-09-2013 15:04:38 Reference Id: 87581233 F 5011 Corporations Act 2001 s436E, 439A Corporations Regulations 2001 5.6.11.(2), 5.6.27 C L Registered liquidator number 344636 Registered liquidator name SHAUN CHRISTOPHER MCKINNON C Company name H & S VISION PTY LTD 102 250 911 S Date of meeting Are 21-08-2013 the minutes being lodged for a meeting Convened under s436E, or s439A of the Corporations Act 2001? Yes A This form has been authenticated by Name SHAUN CHRISTOPHER MCKINNON This form has been submitted by Name Date For more help or information Web w,'.v.asic.qov.au Ask a question? w.vw.asic.poy.aufouestiaa Telephone 1300 300 630 ASIC Form 5011 Ref 87581233 Page 1 of 1 MINUTES OF CONCURRENT FIRST MEETING OF CREDITORS OF Beachm ore Pty Ltd ('Receivers and Managers Appointed) (Administrators Appointed) AcN054 453 851 H&S Vision Holdings Thy Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN107554370 H&S Vision Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) AGN102250 911 Paradise Palms (NQ) Pty Ltd (Receivers and Managers Appointed) ('Administrators Appointed) AGN112 797261 PTH Vision Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) A CN102250804 RAS Vision Pty Ltd ('Receivers and Managers Appointed) (Administrators Appointed) Act'! 102250 877 The Lakes Management Gompany Pty Ltd ('Receivers and Managers Appointed) (Administrators Appointed) AC?'! 065156381 T.L.D. C flyLtd (Receivers and Managers Appointed) (Administrators Appointed) AGt'! 068 761 900 Uscon Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) AC?'! 058 849 479 ('collectively "the Companies"/ "the H & S Vision Group") HELD PURSUANT TO SECTION 436E OF THE CORPORATIONS ACT 2001 HELD AT: PULLMAN REEF HOTEL CASINO 35-41 WHARF STREET, CAIRNS QLD ON: WEDNESDAY, 21ST AUGUST AT 11:00AM PRESENT: Michael McCann - Voluntary Administrator and Chairperson Shaun McKinnon - Voluntary Administrator Alison Harness - Assistant to the Administrators Jonathan Kairuz - Assistant to the Administrators Lyle Fernandes - Assistant to the Administrators and Minutes Secretary Holly Millman - Assistant to the Administrators and Minutes Secretary AlfPappalardo - of Aliens Linklaters, legal adviser to Voluntary Administrators and - The register of those creditors present either in person by attorney or by proxy is attached to these minutes as Annexure 1, such register having been prepared at the meeting and is signed by the Chairman for the purpose of identification. INTRODUCTION: Michael McCann welcomed creditors to the first creditors' meeting of die H & S Vision Group. He advised that he would act as Chairperson for the meeting in accordance with Regulation 5.6.17(1) and 5.6.34 of the Corporations Regulations. The meeting was declared open at 11:09. Grant Thornton staff were introduced. It was proposed that the first creditors' meeting for 9 companies be held concurrently. It was explained that resolutions for this meeting would be put to creditors and approved by a show of hands unless a poll was requested. It was further explained that creditors could only vote in respect to the company of which they are a creditor. Note that the Chairperson may exercise a "casting vote" if no result is reached for or against (Regulation 5.6.21). NOTICE OF MEETING The Chairman advised that he tabled the Notice of Meeting forwarded to all known creditors of the respective Companies on 13 August 2013 and advertised on ASIC's Insolvency Notices on 14 August 2013. He further advised that it has been taken as read. The Chairman confirmed that the meeting was held at a time and place convenient to the majority of persons entitled to receive notice of the meeting, in accordance with Regulation 5.6.14 of the Regulations. ATTENDANCE Alison Harness summarized the list of attendees for each company as per the attendance registers. The Chairperson advised that he has tabled a copy of the attendance register in respect to each company within the Group. The Chairperson advised of observers present at the meeting as per the observer registers attached as Annexure 2. It was asked whether there were any objections to the observers remaining in the meeting. There were none. The Chairperson observed that there was no quorum present for Uscon Pty Ltd or Beachmore Pty Ltd and that the first creditors' meeting for these two companies would be reconvened. PROXIES The Chairman tabled the proxy forms received prior to the meeting. The Chairperson noted that a variety of proxies were received for the meeting including ones in his favour. RESOLUTION FOR CONCURRENT MEETINGS The following resolution was proposed separately to each company: That the first meeting of meeting of creditors for • H & S Vision Pty Ltd • H & S \Tj5jOfl Holdings Pty Ltd • Paradise Palms(NQ) Pty Ltd • PTH Vision Pty Ltd • RAS Vision Pty Ltd • The Lakes Management Company Pty Ltd • T.LD.C. Pty Ltd be held concurrently. The resolution was carried unanimously by each company in turn, on a show of hands. QUORUM: The Chairman advised that there was a quorum present for all companies except for Uscon Pty Ltd and Beachinore Pty Ltd. The Chairman determined that the meeting of the following companies were competent to proceed: • H & S Vision Holdings Pty Ltd • H&S Vision Pry Ltd • Paradise Palms(NQ) Pty Ltd • PTH Vision Pty Ltd • RAS Vision Pty Ltd • The Lakes Management Company Pty Ltd • T.L.D.0 Pty Ltd ADMINISTSRATORS' REPORT: The Chairman gave a brief outline of the circumstances leading to the appointment of the Administrators. Administrator Shaun McKinnon then provided a brief outline of the businesses and operations of each company. The Chairman invited Receiver and Manager of the Companies, Anthony Connelly of McGrathNicol, to provide a brief overview of the Companies. Anthony Connelly advised that he is currently continuing to trade the associated businesses and until further notice, it is "business as usual". The Chairman went on to explain that as the Administration was in its early stages, the Administrators were yet to determine the financial position of the Companies. He advised that the First Report would be provided to creditors with sufficient time to consider any proposals put forward, prior to the second meeting of Creditors. COMMITTEE OF CREDITORS: The Chairman advised that creditors had the opportunity to appoint two or more of their number to form a Committee of Creditors. The Chairman explained the purpose and function of the Committee of Creditors. The table of nominated persons for each company has been tabled in Annexure 3. It was moved that the nominated persons for each company be be appointed to the Committee of Creditors. The resolutions were carried unanimously by each company in turn, on a show of hands. It should be noted that Michael Vickery of ANZ Banking Group Limited abstained from voting in each case. APPOINTMENT OF ADMINISTRATORS: The Chairman advised that Section 436E of the Corporations Act allowed creditors by resolution to remove the Administrators from office and appoint someone else as Administrators. The Chairman observed that there had been no nominations for appointment as Administrators of the Company, and asked if there were any other nominations to be put forward. There were none. Since there was no other person creditors wished to nominate as Administrators, the Chairman advised that he and Shaun McKinnon would continue to act as Administrators. QUESTIONS FROM CREDITORS The Chairman asked if there were any questions or other matters that creditors would like to discuss. There were none. CLOSURE: There being no further business the meeting was declared closed at 11:50am. Recorded as a true and accurate record of proceedings. eO"t1hy Dated this of September 2013 JOINT AND SEVERAL ADMINISTRATOR H & S VISION GROUP RECEIVERS AND MANAGERS APPOINTED ADMINISTRATORS APPOINTED ANNEXURE 1 Attendance Register M A R - C B P L (A A) Creditors First Meeting held at Pullman Reef Hotel Casino, 35-41 Wharf Street, CAIRNS QLD 4870 on 21 August 2013 at 11:00 AM Chairperson; Shaun McKinnon All Creditors j Amountj Creditor Name Name of Proxy Attorney Amount1 or Creditor RATA Creditor Claimed Admitted to Vote Signature of Person Attendini Ranking Group Umlted Vickery (or in his absence David Regional Council Community Managers 21/08/2013 9:13 AM Page FORM 532 Co;poratiozs Aa 2001 Regulation 5.6.29 APPOINTMENT OFPROXY a credkor,Lmemk,cr o&(sttik ottHll-hnHlt elei'tuit-emnpi4. tkl I Oj> I OA) Beachmore Pry Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN 054 453 851 H & S Vision Holdings Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN 107 554 370 H & S Vision Pry Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN 102 250 911 Paradise Palms 4Q) Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN 112 797 261 PTH Vision Pry Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN 102 250 804 RAS Vision Pry Ltd (Receivers and Managers Appointed) (Administrators Appointed) ACN.