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Thread: Fisher Boats

  1. #16

    Re: Fisher Boats

    Quote Originally Posted by Mindi View Post
    Rubbish...my post was wiped after ten minutes before anyone but Steve (including you) saw it so this is a silly statement. It contained no claims of facts, no rumours, no untruths and no legal issues. It was complaining to Steve that he shouldn't submit to the bullying of the administrators in shutting down threads at their request. Stuff Korda Mentha...who do they think they are..?
    The way I look at it is that this is Steves site and employment and anything that may stop this he is entitiled to delete as we are all guests here.
    FISHING FISHING AND MORE FISHING. IS THERE ANYTHING ELSE TO DO?

  2. #17

    Re: Fisher Boats

    Maybe, but as a public forum, all comments, opinions and input should be valued, unless it lends itself to defamatory remarks.

    If posts are deleted for reasons other than those, then it becomes censorship of the worse kind, which sends this site into a direction of "if someone doesn't agree with another persons input, then they have the right to get rid of it".

    If for some reason, both sides of the issue have not been explored or put forward, then it is only going to lead to confusion and rumours. Before this thread was started, were all parties involved, asked to participate in the open release of information regarding this matter.

    If not, then we only have one side of the story, not a good position for alcon
    Fillet and Release Squad

  3. #18

    Re: Fisher Boats

    Quote Originally Posted by Mindi View Post
    Rubbish...my post was wiped after ten minutes before anyone but Steve (including you) saw it so this is a silly statement. It contained no claims of facts, no rumours, no untruths and no legal issues. It was complaining to Steve that he shouldn't submit to the bullying of the administrators in shutting down threads at their request. Stuff Korda Mentha...who do they think they are..?
    Very good point.

    Either these administrators have something to say or they don't, if they do then since when do special rules apply by request?

    Who do they think they are..?

  4. #19
    Ausfish Addict disorderly's Avatar
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    Sep 2006
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    In the Jungle/Mission Beach Hinterland

    Re: Fisher Boats

    Quote Originally Posted by Mindi View Post
    Stuff Korda Mentha...who do they think they are..?
    Probably the only people who will walk away from this mess with 100 cents in the dollar...

  5. #20

    Re: Fisher Boats

    Quote Originally Posted by disorderly View Post
    Probably the only people who will walk away from this mess with 100 cents in the dollar...
    Bloody dead right there Scott...the law has them first in the queue followed immediately by the Tax Dept in second place. Still I guess you wouldnt get these problems fixed unless they were paid for it so I suppose it's fair enough....then secured creditors like banks...then I think employees...then I think creditors last... bummer for the poor old customer.

  6. #21

    Re: Fisher Boats

    G'day,

    A considered response.

    When the post was made late last week I sought to correct it and give accurate advice to creditors. The Administrators sought to do the same and lodged a post seeking contact with creditors.

    I am not the president or chairman of a creditors committee. I am just one of five creditors present at the first creditors committee on 12 February and we voted to form a creditors committee of three.

    My aim was to support creditors in making their claims and help them understand the process taking place. As a consequence I now have a list of twelve creditors and I believe KordaMentha has identified more.

    The second meeting of creditors has not been called. Therefore the status quo remains. The administrators are in control of the Companies and the Directors have no control. The Companies are not trading.

    At the second meeting of creditors the administrators will (according to law) make three proposals and probably recommend one. The three proposals will be (a) to return the business to the Directors; (b) to liquidate the Companies; (c) to make a deed of arrangement.

    You may speculate all you like but I'm an accountant, understand this process and I don't know any more than I have said. I'm in for $32k+ so I'm really watching this closely.

    Appeal 1: Anyone who had paid a holding deposit or progress payment and hasn't been contacted by KordaMentha or lodged a Form 535 Statement of claim, please contact me for assistance.

    Appeal 2: I posted personal details to assist creditors, not to receive personal abuse. Please leave me and my family alone.

    Stephen Minslow
    stephen.minslow@bigpond.com
    aka "White Pointer"
    07 3203 5967
    0419 721 371

  7. #22

    Re: Fisher Boats

    A question for those in the know???

    A creditor is an entity that is owed money by the company. As some people have paid a deposit and/or have partially built boats in the system..then you have a purchased item, even though not completed. The company does nto actually owe you any money. Where do these people stand?> Are they actually creditors?

    If the boat construction has gone past the point at where the last progress payment was made, then perhaps they may actually fall under the category of debtors and owe the company money. A bloody minefield.

    I know very well that I can install an air cond unit on a site..the builder goes broke and legally I cannot go and retrieve that equipment even though i have not been paid for it.

  8. #23

    Re: Fisher Boats

    Quote Originally Posted by levinge View Post
    Maybe, but as a public forum, all comments, opinions and input should be valued, unless it lends itself to defamatory remarks.

    If posts are deleted for reasons other than those, then it becomes censorship of the worse kind, which sends this site into a direction of "if someone doesn't agree with another persons input, then they have the right to get rid of it".

    If for some reason, both sides of the issue have not been explored or put forward, then it is only going to lead to confusion and rumours. Before this thread was started, were all parties involved, asked to participate in the open release of information regarding this matter.

    If not, then we only have one side of the story, not a good position for alcon
    This is not a public forum. Its a private one. It is visible to the general public, but thats where it ends. If you want a real public forum, then try unmoderated usenet.

    Censorship is part of life, like it or not its everywhere. If the owner of a private forum can be open to litigation due to certain posts then it makes complete sense to remove the post. Not only does it make sense, but it is also clearly stated here in the forum rules: http://www.ausfish.com.au/vforum/showthread.php?t=54614


  9. #24

    Re: Fisher Boats

    Pinhead,

    wouldn't you as a subbie then serve the head contractor with a writ of habeas corpus to retrieve owed money when the building is sold?

    C.J.

  10. #25

    Re: Fisher Boats

    Quote Originally Posted by GBC View Post
    Pinhead,

    wouldn't you as a subbie then serve the head contractor with a writ of habeas corpus to retrieve owed money when the building is sold?

    C.J.
    I would be become an unsecured creditor and have to put my hand out for the dregs on offer.

  11. #26

    Re: Fisher Boats

    Quote Originally Posted by White Pointer View Post
    G'day,

    A considered response.

    When the post was made late last week I sought to correct it and give accurate advice to creditors. The Administrators sought to do the same and lodged a post seeking contact with creditors.

    I am not the president or chairman of a creditors committee. I am just one of five creditors present at the first creditors committee on 12 February and we voted to form a creditors committee of three.

    My aim was to support creditors in making their claims and help them understand the process taking place. As a consequence I now have a list of twelve creditors and I believe KordaMentha has identified more.

    The second meeting of creditors has not been called. Therefore the status quo remains. The administrators are in control of the Companies and the Directors have no control. The Companies are not trading.

    At the second meeting of creditors the administrators will (according to law) make three proposals and probably recommend one. The three proposals will be (a) to return the business to the Directors; (b) to liquidate the Companies; (c) to make a deed of arrangement.

    You may speculate all you like but I'm an accountant, understand this process and I don't know any more than I have said. I'm in for $32k+ so I'm really watching this closely.

    Appeal 1: Anyone who had paid a holding deposit or progress payment and hasn't been contacted by KordaMentha or lodged a Form 535 Statement of claim, please contact me for assistance.

    Appeal 2: I posted personal details to assist creditors, not to receive personal abuse. Please leave me and my family alone.

    Stephen Minslow
    stephen.minslow@bigpond.com
    aka "White Pointer"
    07 3203 5967
    0419 721 371

    Thanks for the good post White Pointer. I hope it works out for you and the other creditors, preferably through option 1 of trading out of their position. I guess that will be a tough challenge in 2009 but lets hope for the best. What possible idea would lead people to abuse you or your family..? Worrying behaviour....best of luck.

  12. #27

    Re: Fisher Boats

    Quote Originally Posted by PinHead View Post
    A question for those in the know???

    A creditor is an entity that is owed money by the company. As some people have paid a deposit and/or have partially built boats in the system..then you have a purchased item, even though not completed. The company does nto actually owe you any money. Where do these people stand?> Are they actually creditors?

    If the boat construction has gone past the point at where the last progress payment was made, then perhaps they may actually fall under the category of debtors and owe the company money. A bloody minefield.

    I know very well that I can install an air cond unit on a site..the builder goes broke and legally I cannot go and retrieve that equipment even though i have not been paid for it.

    Get your lawyer to change the way your contracts and invoices tenders and supply agreements are written.

    Get it so property remains yours until paid for and purchaser gives permission to enter property to recover that property without notice as a condition of sale. It is not an asset of admin or LIQ as they don't own it just because it is on site. I have collected goods on this basis from manufactures who went belly up. We blocked the drive to stop them taking them to an offsite auction site. We specifically mark all our goods we supply so I can identify them.

    All goods I have sold remain my property until paid for in full and I make a point of recovering them off non payers even when it is at more expense or hassle than the goods themselves.

    Check it out it might save you being lumped in with 1c in a $1000 dollar if anything crowd in the future.

  13. #28

    Re: Fisher Boats

    notice I put in put in the word "install"..once it is installed then it cannot be removed. If loose on site then it can be removed but once installed..no chance.

  14. #29

    Re: Fisher Boats

    Do you know why "install "is different and what install means ? I'm not sure as our stuff isn't hardwired in but is often bolted down. I'll ask my law guy next time but we have had them try it on with break and enter and theft and all get dropped quickly when facts are presented..

  15. #30

    Re: Fisher Boats

    The business that employed me, had a semi load of steel delivered on the Monday and declared themselves bankrupt on Tuesday..... the manager from the steelworks said I will come in and get my steel "as it hasn't been paid for" and I delivered it Monday and they declared bankruptcy on Tuesday. The administrator said well if you do that, you will be charged with theft as it has been delivered on to site. The company was in NSW, so maybe different up here.

    Everyone at the meeting wanted to see the steel go back, as that just sucked, but by law it no longer belonged to the steel supplier, it was held in trust by the administrators acting on behalf of the bankrupted company. The steel supplier got 1 cent in the dollar, just like the rest of us too !!!!!!!!!!!
    Cheers Garry


    A bad day fishing, beats a good day at work!!!!!!!!!!!!!

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