After the Shareholders' meeting in November (the one that approved the
$10m investment funding), we attempted to team up with the Tax Office
to increase our payments by forcing a Creditors' meeting to vary the Deed.
Our proposal was to increase employee payments to 100%, restore
priority, and double the payment (to 40%) to Ordinary Unsecured
Creditors. Our estimate was that we had about three months to
persuade the Tax Office to act.
The plan was to have the Tax Office (who are owed more than 10%) lodge
a notice under 445F which would compel the Administrators to hold a
meeting, and use the extra payment to Ordinary Unsecured Creditors to
persuade them to vote in favour of the change. We were in the process
of signing and sending a letter to the Tax Office when Deloitte's
Notice of Meeting came out.
As most of you probably guess, the Tax Office take their time, and the
time ran out three-and-a-half weeks later on the 24 Dec 2003. But we
did make sure to pester them occasionally until that date.
In effect, we saw a good opportunity to increase our payout, but then
Deloitte (or OT) made it a lot harder by giving us a lot less time to
act. Like some of the other things done by Deloitte, it was a dirty
legal trick.
Nick Bishop, bigfoot.com @ nick4mony
-----
... The reason why you never see tiny dogs (common in South Yarra) in
the outer suburbs, is that eveything is so spread out that the dog
would die of exhaustion before it reached the front gate. The outer
suburban dweller therefore chooses a large dog, but this choice
results in an unfortunate side-effect often seen in outer suburban
streets: the dog taking the owner for a walk (and not the other way
around).
-oOo-