Questions for Hall Chadwick
1) how did you become to be introduced to Equititrust? Is it not a fact that a paid consultant of Equititrust, also a former client, who lost the company millions and whom you acted for in a Deed of Arrangement did introduce you to this project?
2) is it not a fact that you did consult with this person together with the current directors in their preparation of the proposal put forward by joint Equititrust director Hickie and his VAX Lion advantage entity? HOW is this not a conflict of interest?
3) does the issues raised in points 1and2 constitute a conflict of interest?
4) why have you not insisted on the directors providing their personal financial statements? Why have you not done so before calling the creditors meeting?
5) have you commenced the appropriate legal proceedings that would compell HICKIE, HONEYMAN AND MCIVOR to do so.
6) STATE FOR THE RECORD YOUR VIEWS ON HICKIE BEING ON BOTH BOARDS, that of the current RE and that of the proposed alternative RE, is it a conflict of interest?
7) how can you be seen to be independent when you can't even press these directors to comply with their legal obligations now? How can the unit holders be expected to trust that you, Mcivors paid VA, and weapon of choice would in fact turn on your masters and proceed against them to the fullest extent of the law? is it not a fact they chose you as the soft option in anticipation of a pass. SAY IT ISN'T SO!!
You are required to respond to these questions if not now THEN CERTAINLY AT THE MEETING ON FRIDAY WHERE YOUR ANSWERS WILL BE MINUTED.
You won't be taking control of this meeting, and you certainly won't be shutting down the floor like last time... Plenty of us have lawyers with us this time. I would seriously think your resignation is not that far away,,,I'm sure ASIC will be looking closely at every ones role here.
One last thing,,,,, what's the real game here? To help the disadvantaged and beleaguered unit holders, or to get control of the assets and strip them out....ASIC put BDO in there to do the first proposal and to date a great job has been done. Where does Hall Chadwick and the Hickie/Mcivor team figure here?
I'm just trying to trace the money trail from the odd balmain fund (Trust Company (RE Services" Ltd. as RE) and find that as at 31 December 2011, $59.907m and as at 30 June 2011, $75.593m were transferred to the Balmain Aqua Mezzanine Debt Pool. (see Note 5, page 9)
http://www.balmain.com.au/Files/Reports/BAHIT signed accounts 31 Dec 11.pdf
A check of the Balmain Aqua Mezzanine Debt Pool reveals that it was deregistered on 15 April 2011!!
http://www.search.asic.gov.au/cgi-bin/gns030c?acn=110_223_044&juris=9&hdtext=ARSN&srchsrc=1
How is it possible to make investments with a trust that's deregistered?
A WORD TO THE WISE
MR HONEYMAN
I met you at a unit holders meeting some time ago and you impressed me with demeanour and understanding of the needs of the disadvantaged. You seem a decent man and this not withstanding your somewhat interesting past puts you at odds with the position you are now in. As you are only recently to the board little of the past is your direct responsibility other than maybe the soon to be reversed payments made to MCIVOR RELATED ENTITIES. You would know better as to your position on these matters.
IT'S TIME.....TIME FOR A CHANGE, and things will change this Friday. You would be better off resigned from this rotten hulk before its liquidated. You wouldn't want this catastrophe on your CV. Just a thought.
I received the following email in relation to my query from a kind forum reader:
"As to investing in a de-registered scheme, there's two points to consider:
1) When a fund is in wind-down mode, it can be de-registered and continue to exist for years as it redeems investments and winds up its actions. Similar to the Equititrust position where the funds cannot take on new investment but can exist as long as needed to be wound-down. I think this likely applies in the case you've pointed to.
2) Schemes normally only have to be registered if they are taking investment from retail investors. If the only investors are those deemed by the Corps Act to be wholesale/sophisticated or other 'non-retail' types ( ie: they are deemed to be professional investors not mums and dads ) then it's legal to have what's termed an unregistered managed investment scheme. I think this would apply in the case you raised - one scheme investing into another is normally viewed as non-retail/non-regulated investment."
Remember this and why ASIC and the Federal Police raided McIvor... We now know it was because of his dishonesty as the latest report details.
Scumbag crooks...
http://www.couriermail.com.au/busin...raid-equititrust/story-e6freqmx-1226172406007
http://www.equititrustincomefund.co...ter to Investors re Administrators Report.pdf
There is important information here about the meeting on Friday. Thank you David Whyte for your efforts on behalf of investors. Much appreciated.
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