It was not surprising Gunns’
Voluntary Administrator recommended all companies in the Gunns group be placed
in Liquidation.
The second alternative of passing
control back to a Board was never a possibility as Gunns had already disclosed
in August 2012 that liabilities exceeded assets and as everyone knows
liabilities are rarely understated whilst the reverse is invariably true of
assets.
The third alternative of a
Deed of Company Arrangement to allow for an extended period of administration
so that all parties could achieve a better result was never a possibility
because
·
the
unsecured creditors aren’t going to get anything in an orderly administration.
·
The
best chance unsecured creditors have of getting a return is if a Liquidator can
successfully establish that Directors allowed Gunns to trade whilst insolvent.
·
Grower/investors
need a new Responsible Entity (RE) for their MIS projects if they are to
continue until harvest and this can occur even if a Liquidator is appointed.
·
If a
replacement RE cannot be found for the MIS projects then the growers will vote
to liquidate the schemes at the same time as companies in the Gunns Group are
liquidated.
·
Grower/
investors hopes for a return may be boosted if breaches by Gunns Plantations of
its RE duties can be upheld.
·
The
banks’ returns are likely to diminish with every passing day so they just want
to get on with the liquidation. Gunns has well and truly tested their patience
and forbearance over a considerable period of time.
·
The
banks as secured creditors will claw back some amounts from MIS growers if and
when the schemes are liquidated for amounts owing to the RE.
·
The Gunns
Group structure has been made incredibly complicated with the overlaying of
49,000 MIS growers each with a leasehold interest in land owned in some cases
by Gunns and in other instances by third parties. Even if there was a will to
keep the structure under Administration there is not the money.