Info on a company gone into liquidation.

Hi all,

Just wondering if a company goes into liquidation and you have paid for something, is there any chance of getting the money back.

They just bought tiles from MacArthur tiles and they were supposed to get delivered today and now they are closed down.
 
Hi all,

Just wondering if a company goes into liquidation and you have paid for something, is there any chance of getting the money back.

They just bought tiles from MacArthur tiles and they were supposed to get delivered today and now they are closed down.

Little chance but a possibility. Contact the liquidator.
 
dam, your best bet may be to try get something registered on the PPSR... really not sure if it is possible but I think it could be. Then you need to contact the liquidator to take possession of the goods.

otherwise lodge your claim with the liquidator,but the process in ths country is seriously hopeless, you can pretty much assume the only person getting your cash will be the liquidator
 
Yup, if paid via credit card lodge a dispute. Will take a bit of time but you'll get th money back and the credit card company will deal with it from there
 
Its seriously annoys me that this is allowed to happen.
The owner knows the store is likely to go into liquidation yet they continue to keep taking money off people with no promise to deliver.

Almost happened to me, I bought and paid for $1000 worth of LED downlights. The shop kept saying they hadn't come in yet. I kept annoying them on a weekly basis and they finally gave me the lights. A month later they closed up shop.
 
If a company is trading while insolvent then the directors can be personally liable for the debts of the company.
 
If a company is trading while insolvent then the directors can be personally liable for the debts of the company.

we're probably only talking about a few grand tho, an insolvent trading action would cost $150k at least do you think? and very unlikely to succeed. and if it does the directors have probably injected everything they had into the business already, or have all assets well and truly tucked away
 
Yup, if paid via credit card lodge a dispute. Will take a bit of time but you'll get th money back and the credit card company will deal with it from there

Yep, this works far better than trying to get hold of liquidators. My folks bought 3 lounges, company went into liquidation and credit card company refunded. Went quite smoothly.
 
we're probably only talking about a few grand tho, an insolvent trading action would cost $150k at least do you think? and very unlikely to succeed. and if it does the directors have probably injected everything they had into the business already, or have all assets well and truly tucked away

Not necessarily. A letter of demand to a director may result in an offer. But I wonder if this could be classed as a preference payment in that case.
 
Not necessarily. A letter of demand to a director may result in an offer. But I wonder if this could be classed as a preference payment in that case.

I don't think so, if a director wants to pay people personally I think they can do that.

note you do need permission from the liquidator to pursue a claim. doesn't stop you sending a bluff letter tho. you will need to get them to stop from deregistering the company once their work is done
 
There is now a lot of comments on facebook from pissed off customers who have lost out and also his workers haven't been paid for the last month of work.
 
If your friends have paid by credit card the simplest thing is to go down that path.

Otherwise there is likely to be nothing. Secured creditors, the liquidator and employees will all get paid before anyone else if there are funds.
 
Isnt it a grey area to detemine what "insolvent" is?

Cant you say. Oh we were expecting more sales to get theough that month. Or we didnt know we had a big supplier invoice coming
 
Isnt it a grey area to detemine what "insolvent" is?

Cant you say. Oh we were expecting more sales to get theough that month. Or we didnt know we had a big supplier invoice coming

No, it is well defined in the corporations act - something like not being able to pay due when they fall due.
 
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