9 September 2014 TO CREDITORS AND SUPPLIERS Dear Sir/Madam B.J. Jarrad Pty Ltd (In Liquidation) ACN 008 026 533 Jarrad Equipment Holdings Pty Ltd (In Liquidation) ACN 137 623 191 (Collectively the Companies ) We refer to our appointment as Joint and Several Administrators of the Company on 31 July 2014 and to previous correspondence. We advise that at the second creditors meeting held on 4 September 2014 creditors resolved that each of the Companies be wound up and consequently we, Martin David Lewis and Timothy David Mableson, were appointed Liquidators of each of the Companies. A copy of the Notice of Appointment is attached. We advise that despite the liquidation, we intend to continue to trade the Companies business with the objective of completing existing contracts in order to maximise the recovery of Work in Progress ( WIP ) and also maximise the return of the significant bank guarantees provided pursuant to the terms of various contracts. We draw your attention to the following. 1 Trading 1.1 Trading accounts Please note that we will not accept liability for the supply of any goods or services from the date of our appointment without a purchase order authorised by one or more of the specified authorised signatories set out in our original Circular to Creditors dated 1 August 2014. Please note payment for all invoices rendered to the Companies following a duly authorised purchase order issued during the administration of the Companies (ie between 31 July 2014 and 4 September 2014) will be made by the Liquidators. Invoices raised for goods and services supplied after 4 September 2014 should be addressed to B.J. Jarrad Pty Ltd (In Liquidation) and Jarrad Equipment Holdings Pty Ltd (In
To Creditors and Suppliers 9 September 2014 Page 2 Liquidation) and sent to this office at GPO Box 2558, Adelaide SA 5001. Accounts will be paid in accordance with your usual terms of credit, or other credit terms as agreed, provided the supply of goods or services has been properly authorised and the invoice value is the amount specified on the authorised order. Invoices submitted for amounts exceeding the authorised amount will only be paid to the amount authorised unless the high amount can be justified. 1.2 Contracts / agreements The Liquidators expressly refrain from personally adopting any of the Companies contracts existing at the date of their appointment. All contracts are currently under review. The Liquidators will advise the status of contracts as soon as practicable. 1.3 Property used but not owned by the Companies We have written separately to known lease and hire purchase creditors regarding such assets. Please contact George Choimes of this office if you do not receive our letter. 2 Legal proceedings The appointment of Liquidators stays a proceeding in a court against the Companies. You cannot commence or continue a proceeding against the Companies without leave of the Court. 3 Employees We have written separately to employees regarding our appointment as Liquidators. 4 Investigations The Director has prepared a Report as to Affairs which set out details of the Companies business, property, affairs and financial circumstances as at the date of our appointment as Administrators on 31 July 2014. We have not requested the Director to prepare a subsequent Report as to Affairs for the Liquidation. Further investigations of the Companies affairs will be conducted. Creditors who have any information which would assist our investigations are requested to write to us setting out full particulars. Specifically, please provide details on the following issues: Any demands, writs, judgments or other legal action taken by you against the Companies. Copies of correspondence sent to and received from the Companies regarding unpaid accounts.
To Creditors and Suppliers 9 September 2014 Page 3 5 Estimated outcome for creditors At this stage, it is uncertain what dividend, if any, might be paid to creditors. Creditors should refer to our Section 439A Report to Creditors dated 26 August 2014 for our preliminary estimate. Accordingly, we do not intend formally fixing a day on or before which creditors must submit particulars of their debts or claims. However, if creditors have not already done so, we enclose a Formal Proof of Debt form which creditors may complete and return to this office together with documentation to support their claim. 6 Further information For further information concerning the liquidation process and Ferrier Hodgson, you may wish to visit our website at www.ferrierhodgson.com. Questions regarding the liquidation should be directed to Craig Geiser or George Choimes of this office. Yours faithfully B.J. Jarrad Pty Ltd (In Liquidation) Jarrad Equipment Holdings Pty Ltd (In Liquidation) MD Lewis & TD Mableson Joint and Several Liquidators Encl
Form 535 Formal Proof of Debt or Claim (General Form) Corporations Act 2001 Regulation 5.6.49(2) B.J. JARRAD PTY LTD (IN LIQUIDATION) ACN 008 026 533 ( THE COMPANY ) Instructions: Please complete Sections A, B and C and submit to: B.J. Jarrad Pty Ltd (In Liquidation) c/- Ferrier Hodgson GPO Box 2558, Adelaide SA 5001 Tel: 08 8100 7600 Fax: 08 8232 4487 Email: adelaide@fh.com.au * Strike out if inapplicable. A. Name and Contact Details of Creditor (if in a personal capacity, given name and surname; if a corporate entity, full name of company, etc) (the Creditor) of (address) Tel: Fax: Email: Tick this box to elect to receive electronic notification of notices or documents, in accordance with Section 600G of the Corporations Act 2001, at the email address or fax number specified above. B. Details of Debt or Claim To the Liquidators of the Company 1. This is to state that the Company was, on 31 July 2014, and still is justly and truly indebted to the Creditor for (amount in words) and dollars cents (inclusive of GST, if applicable).
Particulars of the debt are: Date Consideration 1 Net ($) GST ($) Total ($) Remarks 2 1. Under "Consideration" state how the debt arose, for example "goods sold and delivered to the company between the dates of...", "moneys advanced in respect of the Bill of Exchange". 2. Under "Remarks" include details of vouchers substantiating payment. 2. To my knowledge or belief the Creditor has not, nor has any person by the Creditor s order, had or received any satisfaction or security for the sum or any part of it, *except for: (insert particulars of all securities held. If the securities are on the property of the company, assess the value of those securities. If any bills or other negotiable securities are held, indicate refer attached above and show them in a schedule in the following form:) Date Drawer Acceptor Amount ($) Due Date 3. *I am employed by the Creditor / *I am the Creditor s agent *and authorised in writing by the Creditor to make this statement. I know that the debt was incurred for the consideration stated and that the debt, to the best of my knowledge and belief, remains unpaid and unsatisfied. C. Signature Dated: Signature: Name / Capacity # : # If the Creditor is an individual, insert full name If the Creditor is a sole trader, insert in accordance with the following example: full name, proprietor If the Creditor is a partnership, insert in accordance with the following example: full name, partner of the firm named in Section A above If the Creditor is a company, insert in accordance with the following example: full name, director / secretary / director/secretary of the company named in Section A above or under the hand of some officer duly authorised in that capacity, and the fact that the officer is so authorised must be stated in accordance with the following example: full name, for the company named in Section A above (duly authorised under the seal of the company). Where this form is completed by, for example, a solicitor or accountant of the Creditor, sign this form as the Creditor s authorised agent; where this form is completed by an authorised employee of the Creditor, indicate occupation (eg: credit manager, etc).
Form 535 Formal Proof of Debt or Claim (General Form) Corporations Act 2001 Regulation 5.6.49(2) JARRAD EQUIPMENT HOLDINGS PTY LTD (IN LIQUIDATION) ACN 137 623 191 ( THE COMPANY ) Instructions: Please complete Sections A, B and C and submit to: Jarrad Equipment Holdings Pty Ltd (In Liquidation) c/- Ferrier Hodgson GPO Box 2558, Adelaide SA 5001 Tel: 08 8100 7600 Fax: 08 8232 4487 Email: adelaide@fh.com.au * Strike out if inapplicable. A. Name and Contact Details of Creditor (if in a personal capacity, given name and surname; if a corporate entity, full name of company, etc) (the Creditor) of (address) Tel: Fax: Email: Tick this box to elect to receive electronic notification of notices or documents, in accordance with Section 600G of the Corporations Act 2001, at the email address or fax number specified above. B. Details of Debt or Claim To the Liquidators of the Company 1. This is to state that the Company was, on 31 July 2014, and still is justly and truly indebted to the Creditor for (amount in words) and dollars cents (inclusive of GST, if applicable).
Particulars of the debt are: Date Consideration 1 Net ($) GST ($) Total ($) Remarks 2 1. Under "Consideration" state how the debt arose, for example "goods sold and delivered to the company between the dates of...", "moneys advanced in respect of the Bill of Exchange". 2. Under "Remarks" include details of vouchers substantiating payment. 2. To my knowledge or belief the Creditor has not, nor has any person by the Creditor s order, had or received any satisfaction or security for the sum or any part of it, *except for: (insert particulars of all securities held. If the securities are on the property of the company, assess the value of those securities. If any bills or other negotiable securities are held, indicate refer attached above and show them in a schedule in the following form:) Date Drawer Acceptor Amount ($) Due Date 3. *I am employed by the Creditor / *I am the Creditor s agent *and authorised in writing by the Creditor to make this statement. I know that the debt was incurred for the consideration stated and that the debt, to the best of my knowledge and belief, remains unpaid and unsatisfied. C. Signature Dated: Signature: Name / Capacity # : # If the Creditor is an individual, insert full name If the Creditor is a sole trader, insert in accordance with the following example: full name, proprietor If the Creditor is a partnership, insert in accordance with the following example: full name, partner of the firm named in Section A above If the Creditor is a company, insert in accordance with the following example: full name, director / secretary / director/secretary of the company named in Section A above or under the hand of some officer duly authorised in that capacity, and the fact that the officer is so authorised must be stated in accordance with the following example: full name, for the company named in Section A above (duly authorised under the seal of the company). Where this form is completed by, for example, a solicitor or accountant of the Creditor, sign this form as the Creditor s authorised agent; where this form is completed by an authorised employee of the Creditor, indicate occupation (eg: credit manager, etc).