RCR ENERGY LIMITED (IN LIQUIDATION) (“The Company”) LIQUIDATORS' FIRST REPORT (PURSUANT to SECTION 255 of the COMPANIES AC
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RCR ENERGY LIMITED (IN LIQUIDATION) (“the Company”) LIQUIDATORS’ FIRST REPORT (PURSUANT TO SECTION 255 OF THE COMPANIES ACT 1993); AND NOTICE TO CREDITORS (PURSUANT TO SECTION 245 OF THE COMPANIES ACT 1993) COMPANY NUMBER: 159951 1. Appointment as Administrators Conor John McElhinney and Andrew John Grenfell of McGrathNicol New Zealand were appointed jointly and severally as Administrators of the Company on 18 December 2018 by a resolution of the Company’s Directors, pursuant to Part 15A of the Companies Act 1993. The Company is one of a group of three companies that were all placed into Administration on 18 December 2018. 2. Appointment as Liquidators at the Watershed Meeting At the Watershed Meeting held on 7 May 2019 the creditors resolved that the Company be placed into liquidation. Conor John McElhinney and Andrew John Grenfell (“Liquidators”) were appointed joint and several liquidators in accordance with section 241(2)(d) of the Companies Act 1993. The Liquidators provided a Declaration of Independence, Relevant Relationships and Indemnities together with details of hourly rates in the Watershed report dated 30 April 2019 previously provided to creditors. There have been no changes since this last report. 3. Disclaimer The purpose of this report is to report to the creditors and shareholders in accordance with Section 255 of the Companies Act 1993. This report has been prepared based on the information known to the Liquidators as at the date of this report. We reserve the right (but will be under no obligation) to review this report and if we consider it necessary to revise the report in the light of any information existing at the date of this report that becomes known to us after that date. We have not independently verified the accuracy of information provided to us, nor have we conducted an audit in respect of the Company. We express no opinion on the reliability, accuracy, or completeness of information provided to us and upon which we have relied. The Liquidators do not accept responsibility or liability for any losses occasioned to any party as a result of the circulation, publication, reproduction, or use of this report. 4. Statement of affairs We attach a Summary Balance Sheet as at 30 November 2018 being the last date accounts were prepared to, prior to the appointment of Administrators. This balance sheet has been prepared by the Company and provided by the Directors of the Company to the Administrators. Transactions occurring during the administration, including the sale of substantially all of the Company’s assets, will be reported in the Administrators’ accounts. These accounts will be filed by the Administrators with the Register of Companies not later than 4 June 2019. 5. List of creditors A list of all known creditors has been compiled by the Liquidators based on the information available to us. We attach a copy to this report. 6. Proposals for conducting the liquidation The Liquidators expect to attend to the following matters during the course of the liquidation: . Reviewing, determining and admitting creditors’ claims. Further considering the date that the Company became insolvent. Considering the prospects for recoveries for creditors from various sources, including voidable transactions and potential legal actions (if any). Should creditors have any information on any matter that they feel warrants investigation, please advise the liquidators in writing. Paying any proceeds to creditors in the statutory order as prescribed by the Companies Act 1933. 7. Estimated date of completion of liquidation It is not practicable to estimate the date of the completion of the liquidation at this stage. 8. Liquidation committee In accordance with Section 314 of the Companies Act 1993, a creditor or shareholder may request the Liquidators call a meeting of creditors or shareholders at any time in the course of the liquidation to vote on a proposal that a Liquidation Committee be appointed to act with the Liquidators. This request must be in writing. The Liquidators do not consider a committee to be necessary in relation to this liquidation at this time. We will continue to report to creditors on the conduct of the liquidation as appropriate. 9. Creditor claims Personal Property Securities Act / Reservation of Title The Administrators resolved a number of creditor security claims during the administration. Should any creditor believe that they have registered a Purchase Money Security Interest (“PMSI”) on the Personal Property Securities Register (“PPSR”) over any goods, or proceeds from realisation of goods, that has not already been dealt with, they should contact this office immediately. If any creditor believes that they have a Retention of Title over goods and they have not registered their interest on the PPSR, they should also contact this office immediately. Suppliers of consignment or sale or return stock should also contact this office immediately, if not already dealt with during the administration. 10. Further information Should you have any information that you believe would lead to realisations for the benefit of creditors, please set it out in writing, attaching copies of all documentary evidence, and send it to the Liquidators. Please note that the Liquidators can only act on written information as telephone, or other, conversations will be regarded as hearsay by the Court. 2 11. Prospect of a dividend As set out in the watershed report to creditors, currently we do not expect there to be any surplus funds to distribute to unsecured creditors. Any distribution to unsecured creditors or shareholders will be dependent on the success of any voidable transactions or legal actions commenced by the Liquidators (if any). 12. Contact details The Liquidators can be contacted at McGrathNicol, Level 17, 34 Shortland Street, Auckland, (PO Box 106-733, Auckland 1143). Telephone enquiries should be directed to Leanne de Seymour on (09) 926 5104. Dated 14 May 2019 Conor McElhinney Liquidator 3 Statement of Affairs of RCR Energy Limited (In Liquidation) $'000 30-Nov-18 Inventories 2,287 Trade and other receivables 7,660 Income tax receivable - Cash and cash equivalents 1,994 Derivative financial instruments - Total current assets 11,940 Property, plant and equipment 1,739 Intangible assets - Deferred tax - Related party advance 7,061 Total non-current assets 8,800 Total assets 20,741 Trade and other payables (2,082) Derivative financial instruments - Income tax payable - Warranty and other provisions (795) Related party loan (497) Total current liabilities (3,374) Deferred tax - Total non-current liabilities - Total liablities (3,374) Net assets 17,367 Disclaimer: The Statement of Affairs has been prepared based on information obtained from the Company together with information supplied by the Directors and/or management. This information has not been verified. The Liquidators have not carried out an audit of the information supplied and therefore they do not accept any responsibility for the accuracy of the information from which the Statement of Affairs has been prepared. Further, the Statement of Affairs has been prepared for the purpose of the liquidation only, and the Liquidators do not accept any responsibility on any ground whatever, including liability in negligence, to any other person. The Statement of Affairs reflects the position of the Company as at 30 November 2018, the last date for which management accounts have been prepared. The majority of the assets shown in these accounts have been realised during the Administration. 4 RCR Energy Limited (In Liquidation) List of creditors as at 18/12/2019 Name Address MUFG Bank Ltd Level 21, 221 St Georges Tce, Perth, WA 6000 The Boltholder Ltd 9 Farmers Rd, Matamata 3400 AIG Australia Ltd Level 19, 2 Park Street, Sydney, NSW 2000 Insurance Australia Limited Level 13, Tower 2, Darling Park, 201 Sussex St, NSW Tennent Hotels Ltd 390 Devon Street East, New Plymouth, New Zealand Level 14A, 300 Murray Street, Perth WA, 6000, Commonwealth Bank of Australia Australia Hawkes Bay Office Products Depot 44 Wakefield St, Onekawa, 4143 StraightNZ Freight Forwarding Limited PO Box 231, Otorohanga 3940 Image Services Limited 1 Kitchener St, Dunedin, 9016 Progen Limited 2/829 Heaphy Terrace, Hamilton , New Zealand Coldair Services Ltd 8 Adonis Place, Half Moon Bay, Auckland, 2012 Foundation One Ltd 1/74 Patiki Rd, Avondale, Auckland 1026 Anzor Fasteners Ltd PO Box 300468, Albany, Auckland Stark Bros Ltd PO Box 144, Lyttelton James Walker NZ Ltd PO Box 58852, Botany, Auckland Furmanite NZ Ltd PO Box 90, Tokoroa Custom Controls Ltd Private Bag 92902, Onehunga, Auckland Wika Investments Ltd PO Box 41320, St Lukes, Auckland BOC Ltd Private Bag 92234, Victoria Street West, Auckland Custom Fleet Level 1, 8 Tangihua Street, Auckland New Zealand Couriers Limited 17 Dunlop Road, Onekawa, Napier PPS Industries Limited PO Box 12-823, Penrose, Auckland Aggreko NZ Limited PO Box 8182, Symonds Street, Auckland Gestra Singapore Private Limited 21 Changi South Avenue 2, Singapore Blast & Coat PO Box 22, Dannevirke Intech Instruments Limited PO Box 8568, Riccarton, Christchurch SGS New Zealand Limited PO Box 13-518, Onehunga, Auckland Integrated Energy Limited PO Box 8528, Havelock North TIMG PO Box 12360, Penrose, Auckland Just Water New Zealand Private Bag 92811, Penrose, Auckland Mainfreight Air & Ocean Limited PO Box 73052, Auckland Industrial Specialists (INSPECS) Limited 329 Plummers Point Road, Rd 2, Tauranga W. R Twigg Hawkes Bay 2016 Ltd PO Box 2541, Stortford Lodge, Hastings