NOTICE OF FILING. Details of Filing. In the matter of Arrium Limited (administrators appointed) & Ors VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA

Transcription

1 NOTICE OF FILING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 22/07/ :03:13 AM AEST and has been accepted for filing under the Court s Rules. Details of filing follow and important additional information about these are set out below. Details of Filing Document Lodged: Affidavit - Form 59 - Rule 29.02(1) File Number: VID792/2016 File Title: In the matter of Arrium Limited (administrators appointed) & Ors Registry: VICTORIA REGISTRY - FEDERAL COURT OF AUSTRALIA Dated: 22/07/ :03:24 AM AEST Registrar Important Information As required by the Court s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry.

2 AFFIDAVIT Federal Court of Australia District Registry: Victoria Division: Corporations List No, VID 792 of 2016 N THE MATTER OF ARRTUM L M TED (ADMTNTSTRATORS APPOINTED) ACN (AND EACH OF THE COMPANIES LISTED ln SCHEDULE ONE) MARK FRANCIS XAVIER MENTHA, CASSANDRA ELYSIUM MATHEWS, MARTIN MADDEN AND BRYAN WEBSTER IN THEIR CAPACITIES AS JOINT AND SEVERAL ADMTNTSTRATORS OF ARRTUM LtM TED (ADMINISTRATORS APPOINTED) ACN (AND EACH OF THE COMPAN ES LISTED ln SCHEDULE ONE) First Plaintiffs ARRTUM LtMITED (ADMTNTSTRATORS APPOTNTED) ACN (AND EACH OF THE COMPANTES LISTED ln SCHEDULE ONE) Second Plaintiffs Affidavit of: Address: Occupation Date: JUSTIN TAEDE VAATSTRA Level21, 333 Collins Street, Melbourne, Victoria Solicitor 21 July 2016 Tab frab-1] [rab-2] [rab-31 [Iab-4] Fab-5I Fab-61 lrab-7] lrab-81 Description from Morgan Lewis to ABL from BiS lndustries to ABL from CBA to ABL from Westpac to ABL exchanges between ABL, the Administrators and KS Group from NAB to ABL from representative of Arrium Group non-unionised employees to ABL from ACTU to Korda Mentha Filed on behalf of: the Plaintiffs Prepared by: Leon Zwier Ref: Law firm: ARNOLD BLOCH LEIBLER Tel: Fax: DX Melbourne lzwier@abl,com.au Address for service: Level 21, 333 Collins Street, Melbourne, VIC 3000 gl ABL/ v1

3 2 lrab-9] ltab-10i from Johnson Winter & Slattery to ABL from CDE to ABL l, JUSTIN TAEDE VAATSTRA of level 21,333 Collins Street, Melbourne, in the state of Victoria, Solicitor, MAKE OATH AND SAY that: 1 I am a partner of Arnold Bloch Leibler, the lawyers for the Plaintiffs, and with Leon Zwier,l have the care and conduct of this proceeding on behalf of the Plaintiffs. 2 Except where I otherwise indicate, I make this affidavit from my own knowledge. Where I depose to matters from information and belief, I believe those matters to be true. 3 ln this affidavit, I refer to Mark Mentha, Martin Madden, Cassandra Mathews and Bryan Webster as the Administrators of Arrium Limited (administrators appointed) (Arrium Ltd) and the 93 other companies listed in Schedule One to this affidavit (together with Arrium Ltd, the Arrium Administration Group). 4 This affidavit supplements the affidavit of Scott Langdon in this Proceeding in support of the orders sought by the Administrators in the Amended Originating Process (Langdon Affidavit). ln this affidavit I adopt the same definitions contained in the Langdon Atfidavit. 5 A 6 Now produced and shown to me marked "JTV-1" is a folder of documents to which I refer in this affidavit. References in this affidavit to a numbered tab in square brackets are references to the relevant tab in "JTV-1'. Notice of the application On 20 July, ABL sent copies of the Amended Originating Process, Affidavit of Scott Langdon and EFIC Term Sheet, to: (a) the Committee of Creditors; (b) cde; (c) ASIC; ABU v1 (d) Johnson Winter & Slattery (on behalf of the South Australian Government); vw and

4 3 (e) Ashurst (on behalf EFIC). 7 ln each of these s, ABL made the following request: "Would you please let the Administrators or me know, as a matter of urgency, if you have any concerns about the Administrators decision to borrow money from EFIC on a limited recourse basis to purchase the Beneficiation Plants." I The responses that ABL received to these courtesy s are set out below B I Communications with Gommittee of Creditors On 20 July 2016 at 11:01 pm, Morgan Lewis wrote to ABL advising that the Noteholders had no objections to the Administrators' decision [ab-1]. On 21 July 2016 at 9:04 am, ABL received an from Brad Rogers of BiS lndustries advising that he is supportive of the Administrators' decision f[ab-2], On 21 July 2016 at 9:54 âffi, lan Copp wrote to ABL confirming that the Commonwealth Bank of Australia has no objections to the Administrators' decision [rab On 21 July 2016 at 10:03 am, Rod Owen replied to Mr Copp's , copying ABL, and instructed that Westpac also had no objections to the Administrators' decision lrab On 21 July 2016, ABL and the Administrators exchanged s with Bryan Walsh of KS Group. At 11:04 am, Mr Walsh corrected a typographical error and confirmed to ABL that he has no issues with the decision of the Administrators. ABL communicated Mr Walsh's correction to the other members of the Committee of Creditors. These exchanges are at [fab On 21 July 2016 at 1 1 :31 am, Jon Munnings sent an to ABL confirming that the National Australia Bank had no concerns or objections fiab On 21 July 2016 at 11:23 am, ABL received an from Steve Cook advising that the Arrium Group non-unionised employees have no objections to the decision of the Administrators [Tab-7]. 16 On 21 July 2016 at 12:02 pm, ABL received an from Gabrielle Star confirming that the ACTU does not oppose the application F ab-81. ABL/ v1 V"v-u

5 4 C Communications with Johnson Winter & Slattery 17 On 21 July 2016, Johnson Winter & Slattery sent a letter to inform ABL that the South Australian Government does not oppose the orders sought in the Amended Originating Process [fab-9]. D Communications with CDE 18 On 20 July 2016 at 9:16 pm, ABL received an from Terry Ashby advising that CDE have no objections to the relief sought by the Administrators [ab-10]. SWORN by JUSTIN TAEDE VAATSTRA at ) Melbourne in the State of Victoria on 21 July ) 2016 ) Before me: Print name: Raphael Yehudah Leibler RAPHAEL YEHUDAH LEIBLEH Arnotd Btocfr Leibl r Lwô 21,333 Colllns Streot, Molbourne 3000 An Australian Legal praclltioner within the meanlng of the Legal Profession Uniform-Law (Victoria) ABLis v1

6 5 SCHEDULE 1 1 A.C.N Pty Limited (ACN ) 2 Akkord Pty Limited (ACN ) 3 ANI Construction (W.4.) Pty. Limited (ACN ) 4 Arrium Finance Pty Limited (ACN ) 5 6 Arrium lron Ore Holdings Pty Limited (ACN ) Arrium Limited (ACN ) 7 I I Atlas Group Employees Superannuation Fund Pty. Limited. (ACN ) Atlas Group Staff Superannuation Fund Pty. Limited. (ACN ) Atlas Group Superannuation Plan Pty Limited (ACN ) Australian National lndustries Pty Limited (ACN ) Australian Wire lndustries Pty Limited (ACN ) Austube Mills Holdings Pty Limited (ACN ) Austube Mills Pty Limited (ACN ) AWI Holdings Pty Limited (ACN ) B.G.J^ Holdings Proprietary Lirnited (ACN ) Bradken Consolidated Pty Limited (ACN ) 17 Central lron Pty Limited (ACN ) 18 '19 20 Cockatoo Dockyard Pty Limited (ACN ) Comsteel Pty. Limited (ACN 006 2'18 524) Coober Pedy Resources Pty Limited (ACN ) ABL/ v1

7 6 21 Eagle & Globe Pty Limited (ACN ) Accumulation Superannuation Pty Limited (ACN ) Executive Superannuation Pty Limited (ACN ) Holdings Pty Limited (ACN ) Management Superannuation Pty Limited (ACN ) Metals Pty. Limited. (ACN ) Pty Limited (ACN ) Superannuation Pty Limited (ACN ) Emwest Holdings Pty. Limited. (ACN ) Emwest Properties Pty Limited (ACN ) GSF Management Pty Limited (ACN ) J. Murray-More (Holdings) Pty Limited (ACN ) John McGrath Pty Limited (ACN ) Kelvinator Australia Pty Limited (ACN ) Litesteel Products Pty Limited (ACN ) Litesteel Technologies Pty Limited (ACN ) Metals Properties Pty. Limited. (ACN ) Metalstores Pty Limited (ACN ) Metpol Pty Limited (ACN ) N.K.S. (Holdings) Proprietary Limited (ACN ) O Dee Gee Co. Pty. Limited. (ACN ) OnesteelAmericas Holdings Pty Limited (ACN ) ABL/ v1

8 7 Onesteel Building Supplies Pty Limited (ACN ) Onesteel Coil Coaters Pty Limited (ACN ) OneSteel Manufacturing Pty Limited (ACN ) Onesteel MBS Pty Limited (ACN ) Onesteel Nsw Pty Limited (ACN ) Onesteel Queensland Pty Limited (ACN ) Onesteel Recycling Holdings Pty Limited (ACN ) Onesteel Recycling Overseas Pty Limited (ACN ) Onesteel Recycling Pty Limited (ACN ) Onesteel Reinforcing Pty Limited (ACN ) Onesteel Stainless Australia Pty Limited (ACN ) Onesteel Stainless Pty Limited (ACN ) Onesteel Technologies Pty Limited (ACN ) OnesteelTrading Pty Limited (ACN ) Onesteel US lnvestments 1 Pty Limited (ACN ) Onesteel US lnvestments 2 Pty Limited (ACN ) OnesteelWire Pty Limited (ACN ) Overseas Corporation (Australia) Pty Limited (ACN ) P & T Tube Mills Pty Limited (ACN ) Palmer Tube Mills Pty Limited (ACN ) Pipeline Supplies of Australia Pty Limited (ACN ) Reosteel Pty Limited (ACN ) ABL/ v1

9 B 65 Roentgen Ray Pty Limited (ACN ) 66 Southern lron Pty Limited (ACN ) 67 SSG lnvestments Pty Limited (ACN ) SSG No.2 Pty Limited (ACN ) SSG No,3 Pty Limited (ACN ) SSGL Share Plan Nominees Pty Limited (ACN ) SSX Acquisitions Pty Limited (ACN ) SSX Employees Superannuation Fund Pty Limited (ACN ) 73 SSX Holdings Pty Limited (ACN ) SSX lnternational Pty Limited (ACN ) SSX Pty Limited (ACN ) SSX Retirement Fund Pty Limited (ACN ) SSX Services Pty Limited (ACN ) SSX Staff Superannuation Fund Pty Limited (ACN ) Tasco Superannuation Management Pty Limited (ACN ) The ANI Corporation Pty Limited (ACN ) The Australian Steel Company (Operations) Pty Limited (ACN ) Tube Estates Pty. Limited. (ACN ) Tube Street Pty Limited (ACN ) B6 Tube Technology Pty. Limited. (ACN ) Tubemakers of Australia Pty Limited (ACN ) Tubemakers Somerton Pty Limited (ACN ) ABL/s135510v'1

10 I 87 Western Consolidated lndustries Pty Limited (ACN ) B8 Whyalla Ports Pty Limited (ACN ) 89 X.C,E. Pty Limited (ACN ) 90 XEM (Aust) Pty Limited (ACN ) 91 XLA Pty Limited (ACN ) XLL Pty Limited (ACN ) XMS Holdings Pty Limited (ACN ) Zinctek Pty limited (ACN ) ABL/ v 1