Maclean creditors mobilise ahead of Tuesday meeting
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Leaked letter from Westcon alleges liquidator has failed creditors
By Sim Ahmed | Auckland | Friday, 10 August, 2012 | 44 Comments
Creditors of the failed technology company Maclean Computing are heading for a showdown with liquidator Waterstone Insolvency at a meeting scheduled for Tuesday August 14.
A letter sent by Westcon to Waterstone on July 20, which the other creditors were copied into, has been leaked to Computerworld.
In it the Cisco and VMWare distributor alleges that Waterstone has “failed” its obligations to the creditors, and asks the liquidator to clarify the timeline and decision making process that lead to the sale of the assets of Maclean Computing Ltd (MCL) to Maclean Technology Ltd (MTL)
The letter claims that Westcon will seek damages against the Waterstone liquidator Damien Grant.
A source close to Maclean Technology has told Computerworld that Westcon is being “aggressive” and attempting to rile up the other creditors because it potentially stands to lose almost $200,000.
Computerworld understands that Westcon received that amount as payment towards a $500,000 debt owed by MCL shortly before it went into liquidation.
Liquidators are able to claw back preferential payments made shortly before a company goes into liquidation, a measure which is designed to prevent liquidated companies from unloading assets into shell companies and short changing creditors.
The source says several other creditors are in a similar situation. Computerworld understands that Waterstone is seeking to claw back these payments also, to maximise the amount paid back to the bank, IRD, and MCL staff.
Dave Rosenberg, general manager of Westcon, says the company will refrain from making public statements for the time being.
Chris Maclean, CEO of MTL, and Damien Grant also say they will not make public statements.
Simon Dalton, a partner at insolvency practioners Gerry Rea, has previously told Computerworld that creditors can take the liquidator to the High Court where a judge would decide whether the initial sale to MTL would be reversed.
Are you a Maclean Computing creditor, or Maclean Technology staff? Send us an email with your side of the story. sim.ahmed@computerworld.co.nz
For more on the Maclean Computing Liquidation:
Maclean Computing goes into liquidation
Maclean Computing: Codeblue to ride to the rescue?
New company rises from Maclean Computing liquidation
Liquidation experts speak out on Maclean deal
Comments
Number 1 Question
Until the editor deletes it AGAIN.
Chris, do you intend to pay back the creditors of MCL? In some of your spin releases you have said "liquidation was not our desired path, trading out was" (option a or b, not c). You still have the chance to pay back the Creditors, are you going to?
//Sarah, either get a journo to ask the question directly or stop deleting it. In no court could this be considered defamatory and it is the only question worth asking given the nice guy spin which you seem determined to protect.
Posted by Anonymous at 16:17:06 on August 14, 2012
Chris, do you intend to pay back the creditors of MCL? In some of your spin releases you have said "liquidation was not our desired path, trading out was" (option a or b, not c). You still have the chance to pay back the Creditors, are you going to?
//Sarah, either get a journo to ask the question directly or stop deleting it. In no court could this be considered defamatory and it is the only question worth asking given the nice guy spin which you seem determined to protect.
Posted by Anonymous at 16:17:06 on August 14, 2012
Legal question
Who actually governs these "Phoenix laws" so if one did want to complain who would they complain to ? Since MTL and the liquidator seem to think that everything they have done is above board, why not test it as it all seems abit fishy to me.
Posted by Anonymous at 7:25:19 on August 15, 2012
Posted by Anonymous at 7:25:19 on August 15, 2012
Legal question
The High Court.
Good Luck.
Posted by Anonymous at 7:53:09 on August 15, 2012
Good Luck.
Posted by Anonymous at 7:53:09 on August 15, 2012
Legal question
Approach a commercial Barrister and thy will quote you $200K to do the job. Even if you were owed the whole $3M it wouldn't make sense to take the risk.
Posted by Anonymous at 11:01:27 on August 15, 2012
Posted by Anonymous at 11:01:27 on August 15, 2012
18 years in the game
http://www.maclean.co.nz/services/
"18 years in the game so you can be confident who's behind the wheel."
You what? Isn't this supposed to be a NEW company? If it's been 18 years in the game shouldn't it be responsible for, say, 18 years worth of debt?
Just asking.
Posted by Just Asking at 15:55:36 on August 14, 2012
"18 years in the game so you can be confident who's behind the wheel."
You what? Isn't this supposed to be a NEW company? If it's been 18 years in the game shouldn't it be responsible for, say, 18 years worth of debt?
Just asking.
Posted by Just Asking at 15:55:36 on August 14, 2012
18 years in the game
Worse than that, their auto attendant still says "Welcome to Maclean Computing....". Embarrassing?!
Posted by Anonymous at 22:44:34 on August 14, 2012
Posted by Anonymous at 22:44:34 on August 14, 2012
18 years in the game
good luck westcon and other creditors - looks like you have a strong case for grounds for a phoenix company setup.
Posted by spectator at 17:11:08 on August 14, 2012
Posted by spectator at 17:11:08 on August 14, 2012
18 years in the game
18 years with same model,..same (leadership)..same vision..worked at some stage.
Not anymore ...
No wonders seeing such unfortunate results and issues.
Time to reflect and show accountability.
Posted by Anonymous at 0:49:27 on August 15, 2012
Not anymore ...
No wonders seeing such unfortunate results and issues.
Time to reflect and show accountability.
Posted by Anonymous at 0:49:27 on August 15, 2012
More Troubles
Can someone with legal experience and background explains if MCL employment contracts are still valid.
Please note this comment has been moderated
Posted by Anonymous at 23:26:38 on August 13, 2012
Please note this comment has been moderated
Posted by Anonymous at 23:26:38 on August 13, 2012
More Troubles
MCL is no longer a legal entity, it was the beneficiary of the Restraint, as MCL no longer exists, neither does the restraint. The whole area of Restraints is very complex, and as a general principle the High Court holds that it is a basic human right to work and the only restraint that is valid is one where the Restrained Person has been directly remunerated for the period of the restaint.
Posted by Anonymous at 6:56:39 on August 14, 2012
Posted by Anonymous at 6:56:39 on August 14, 2012
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