CLUBINVEST - THE TRUTH
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TUESDAY, JULY 22, 2008
PETITION FOR THE REMOVAL OF THE LIQUIDATOR OF CLUBINVEST LIMITED
BEFORE THE SUPREME COURT OF VANUATU
IN RE: SHAREHOLDERS of CLUBINVEST LIMITED
PETITION FOR THE REMOVAL OF THE LIQUIDATOR OF CLUBINVEST LIMITED
We, the shareholders of Clubinvest Limited, an International Company registered in The Republic of Vanuatu, petition The Supreme Court of Vanuatu to remove the liquidator of Clubinvest Limited, being Mr. Andrew Wily of the firm Armstrong Wily situated Level 5, 75 Castlereagh St, Sydney NSW. 2000. AUSTRALIA. Further, we petition the Supreme Court of Vanuatu to reinstate three former Clubinvest Directors, being Philip Northam, Steven Magaric and Brian Fox, for the sole purpose of recovering the various investments of Clubinvest Limited from the various investment places around the world for the benefit of all shareholders.
The Petitioners, Clubinvest Limited Shareholders, hereby petitions this Honorable Court, because the shareholders are being treated unfairly and have grave fears that the Shareholders of Clubinvest Limited are going to be financial disadvantaged by the actions of the Liquidator resulting in the recovery of none of the Shareholders Investments for payment to the Shareholders.
IN SUPPORT HEREOF, the petitioner’s state:
The Liquidator,
· is biased towards vested interests;
IN RE: SHAREHOLDERS of CLUBINVEST LIMITED
PETITION FOR THE REMOVAL OF THE LIQUIDATOR OF CLUBINVEST LIMITED
We, the shareholders of Clubinvest Limited, an International Company registered in The Republic of Vanuatu, petition The Supreme Court of Vanuatu to remove the liquidator of Clubinvest Limited, being Mr. Andrew Wily of the firm Armstrong Wily situated Level 5, 75 Castlereagh St, Sydney NSW. 2000. AUSTRALIA. Further, we petition the Supreme Court of Vanuatu to reinstate three former Clubinvest Directors, being Philip Northam, Steven Magaric and Brian Fox, for the sole purpose of recovering the various investments of Clubinvest Limited from the various investment places around the world for the benefit of all shareholders.
The Petitioners, Clubinvest Limited Shareholders, hereby petitions this Honorable Court, because the shareholders are being treated unfairly and have grave fears that the Shareholders of Clubinvest Limited are going to be financial disadvantaged by the actions of the Liquidator resulting in the recovery of none of the Shareholders Investments for payment to the Shareholders.
IN SUPPORT HEREOF, the petitioner’s state:
The Liquidator,
· is biased towards vested interests;
· has not achieved the recovery of funds for payment to the shareholders and the recovery is going nowhere;
· seems to be creating a “self-feeding” situation through unnecessary acts and frivolous legal actions;
· refuses to hold any meetings or “Annual Meetings” with shareholders to discuss his activities;
· since his appointment, has refused to reply to shareholder emails, letters, facsimiles or telephone calls;
· refuses to advise shareholders of the costs associated with the liquidation or the calculation thereof;
· refuses to advise what his fees could be and has not “capped” the amount of fees he can charge;
· refuses to confirm whether all recovered funds can or will be consumed in payment of his fees & expenses;
· has not prepared a set of accounts or a reconciliation of fees / expenses for more than 18 months;
· refuses to distribute any reports or updates of his activities since his Memorandum 111 in June 2006;
· has ignored the offers of three former directors to assist him with the liquidation (Northam, Magaric & Fox) who have knowledge critical to the recovery of shareholders’ investments;
· has not diligently pursue and taken action to recover millions of dollars of Shareholders Investments;
· appears to have liquidated investments that were easy & cost efficient to liquidate, forgoing more distant and difficult investments to the detriment of the general shareholder population;
· is preparing to wind-up Clubinvest, possibly forgoing the recovery of millions of shareholder investments;
· is not acting in the best interests of the general Shareholder population;
· was appointed by a single and questionable claim of one Australian Creditor, at shareholder expense and to the detriment of the general Shareholder population;
· has commenced an extremely expensive court action against three former directors with little chance of any financial gain, at the expense of all shareholders and without discussing same with shareholders.
CONCLUSION:
We, the shareholders, are concerned that if the liquidator is allowed to continue as he is, registering ‘Billable Hours’ at “Undisclosed Rates” and being paid his fees and expenses, all the money of the shareholders of Clubinvest will be squandered, without the shareholders having any say in the liquidation process or the money that the liquidator is spending on frivolous legal actions.
The Petitioners respectively petition this Honorable Court to:
1. remove the Liquidator – Andrew Wily
2. replace the company into the control of the shareholders so that the shareholders can effect the liquidation in a proper manner.
3. reinstate three former directors, Philip Northam, Steven Magaric and Brian Fox as the directors of Clubinvest so that they can assist the shareholders in recovering their money. We believe these men have the shareholders’ best interests at heart, having sufficient vested interest to ensure that no stone is left unturned in achieving our common objectives, namely the recovery and return of the investments from around the world to the shareholders.
RESPECTIVELY, we, the Petitioners, request that this Honourable Court, accept this petition in its electronic format as due to the tremendous geographical diversification of the Shareholders and “Time Being Of The Essence” in this matter, it is impossible to prepare and have signed a manual petition for lodgement.
Signed this …………….. DAY OF AUGUST, 2007
NAME OF SHAREHOLDER : ……
ADDRESS OF SHAREHOLDER : ……
EMAIL ADDRESS : ……
CONCLUSION:
We, the shareholders, are concerned that if the liquidator is allowed to continue as he is, registering ‘Billable Hours’ at “Undisclosed Rates” and being paid his fees and expenses, all the money of the shareholders of Clubinvest will be squandered, without the shareholders having any say in the liquidation process or the money that the liquidator is spending on frivolous legal actions.
The Petitioners respectively petition this Honorable Court to:
1. remove the Liquidator – Andrew Wily
2. replace the company into the control of the shareholders so that the shareholders can effect the liquidation in a proper manner.
3. reinstate three former directors, Philip Northam, Steven Magaric and Brian Fox as the directors of Clubinvest so that they can assist the shareholders in recovering their money. We believe these men have the shareholders’ best interests at heart, having sufficient vested interest to ensure that no stone is left unturned in achieving our common objectives, namely the recovery and return of the investments from around the world to the shareholders.
RESPECTIVELY, we, the Petitioners, request that this Honourable Court, accept this petition in its electronic format as due to the tremendous geographical diversification of the Shareholders and “Time Being Of The Essence” in this matter, it is impossible to prepare and have signed a manual petition for lodgement.
Signed this …………….. DAY OF AUGUST, 2007
NAME OF SHAREHOLDER : ……
ADDRESS OF SHAREHOLDER : ……
EMAIL ADDRESS : ……
Labels: Clubinvest Veivers Liquidator, Petition, Wily
THURSDAY, JULY 17, 2008
I/WE WOULD NOT HAVE INVESTED ANY NEW AND/OR ADDITIONAL MONEY
Dear Supporting Shareholders,
I, Philip Bruce Northam, am demonstrating to the Supreme Court of Vanuatu that Allan Ross Veivers is a deceitful individual that should have any and all testimony struck out of the proceedings on the basis that he has committed Perjury, has a huge vested interest in providing false and misleading evidence to the Supreme Court while assisting the liquidator and that he deceived hundreds of Shareholders resulting in around Two Millions Dollars of additional Investments being made which would not have been made had Allan Ross Veivers advised the General Shareholder Population of the facts described below, rather than secretly resining as Director, Chairman of the Board and Investment Fund Manager, not to mention the secret withdrawal of his investments out of Clubinvest.
To this end, I have put the following question to all Supporting Shareholders that invested any money whatsoever at any time during 2005 with Clubinvest. All you need to do is hit Reply and Send if you agree with the statement made.
“I/WE WOULD NOT HAVE INVESTED ANY NEW AND/OR ADDITIONAL MONEY WITH CLUBINVEST IN 2005 AND/OR WOULD HAVE WITHDRAWN MY/OUR EXISTING INVESTMENT FROM CLUBINVEST HAD ALLAN ROSS VEIVERS, FORMER DIRECTOR OF CLUBINVEST LIMITED, FORMER CHAIRMAN OF THE BOARD AND FORMER INVESTMENT FUND MANGER, HAD ADVISED THE GENERAL SHAREHOLDER POPULATION OF CLUBINVEST OF THE FOLLOWING INFORMATION WHICH PHILIP BRUCE NORTHAM HAS ADVISED ME/US HAS BEEN SUBMITTED TO THE SUPREME COURT OF VANUATU IN THE FORM OF SWORN STATEMENTS BY THE SAID ALLAN ROSS VEIVERS”
=========================================================
ALLAN ROSS VEIVERS’SWORN STATEMENTS TO THE SUPREME COURT OF VANUATU STATED
I, Allan Ross Veivers, of 53 Yew Court, Buderim. QLD. 4556. Make Oath and Swear the following is true:
1. In January 2002 I was employed by Philip Northam as Data Processor for the investment business conducted by the Biri Investment Club which in July 2003 became ClubInvest Ltd in Port Vila Vanuatu. In my role as a Data Processor I also performed a variety of office management duties …...
2. I resigned as a director of ClubInvest Ltd in June 2005
3. by the beginning of 2005 I had decided that I would return to Australia
4. I resigned for two reason…..Secondly, I had a concern about an investment
5. with the impending Scope 7 transaction in which I was not involved … I elected to resign my directorship of the Companies.
=========================================================
Thank you in anticipation for your speedy reply to the important information email.
Philip B. Northam – Former Managing Director and Shareholder
Working for ALL SUPPORTING SHAREHOLDERS
I, Philip Bruce Northam, am demonstrating to the Supreme Court of Vanuatu that Allan Ross Veivers is a deceitful individual that should have any and all testimony struck out of the proceedings on the basis that he has committed Perjury, has a huge vested interest in providing false and misleading evidence to the Supreme Court while assisting the liquidator and that he deceived hundreds of Shareholders resulting in around Two Millions Dollars of additional Investments being made which would not have been made had Allan Ross Veivers advised the General Shareholder Population of the facts described below, rather than secretly resining as Director, Chairman of the Board and Investment Fund Manager, not to mention the secret withdrawal of his investments out of Clubinvest.
To this end, I have put the following question to all Supporting Shareholders that invested any money whatsoever at any time during 2005 with Clubinvest. All you need to do is hit Reply and Send if you agree with the statement made.
“I/WE WOULD NOT HAVE INVESTED ANY NEW AND/OR ADDITIONAL MONEY WITH CLUBINVEST IN 2005 AND/OR WOULD HAVE WITHDRAWN MY/OUR EXISTING INVESTMENT FROM CLUBINVEST HAD ALLAN ROSS VEIVERS, FORMER DIRECTOR OF CLUBINVEST LIMITED, FORMER CHAIRMAN OF THE BOARD AND FORMER INVESTMENT FUND MANGER, HAD ADVISED THE GENERAL SHAREHOLDER POPULATION OF CLUBINVEST OF THE FOLLOWING INFORMATION WHICH PHILIP BRUCE NORTHAM HAS ADVISED ME/US HAS BEEN SUBMITTED TO THE SUPREME COURT OF VANUATU IN THE FORM OF SWORN STATEMENTS BY THE SAID ALLAN ROSS VEIVERS”
=========================================================
ALLAN ROSS VEIVERS’SWORN STATEMENTS TO THE SUPREME COURT OF VANUATU STATED
I, Allan Ross Veivers, of 53 Yew Court, Buderim. QLD. 4556. Make Oath and Swear the following is true:
1. In January 2002 I was employed by Philip Northam as Data Processor for the investment business conducted by the Biri Investment Club which in July 2003 became ClubInvest Ltd in Port Vila Vanuatu. In my role as a Data Processor I also performed a variety of office management duties …...
2. I resigned as a director of ClubInvest Ltd in June 2005
3. by the beginning of 2005 I had decided that I would return to Australia
4. I resigned for two reason…..Secondly, I had a concern about an investment
5. with the impending Scope 7 transaction in which I was not involved … I elected to resign my directorship of the Companies.
=========================================================
Thank you in anticipation for your speedy reply to the important information email.
Philip B. Northam – Former Managing Director and Shareholder
Working for ALL SUPPORTING SHAREHOLDERS
TUESDAY, JULY 15, 2008
Information Re Liquidator / Andrew Wily - Armstrong Wily
Dear Supporting Shareholders,
As I was going through and sorting emails, I discovered this email that I sent to the liquidator – Andrew Hugh Jenner Wily – on November 27, 2006, more than 1.5 years ago. It goes without saying that I never received a reply from this appalling excuse for a liquidator however, you will all find the text of my letter extremerly interesting in that, if any of you had any doubts as to whether or not I wanted to assist the liquidator and the Shareholders of Clubinvest in the recovery of the International Investments, this letter will remove same completely.
It is quite interesting and frustrating to read ones emails after so long, particularly as nothing has changed except that the liquidator is on a witch hunt supported by false and misleading testimony from Allan Veivers, Ray Lynn, Peter Kerin and the other members of the now infamous “Rat Pack”.
If you would like to comment on what you have read below, please do so in the comment section above. All comments are welcomed.
Thank you all for your continued support in ridding Clubinvest of the liquidator, Andrew Hugh Jenner Wily.
Philip B. Northam
As I was going through and sorting emails, I discovered this email that I sent to the liquidator – Andrew Hugh Jenner Wily – on November 27, 2006, more than 1.5 years ago. It goes without saying that I never received a reply from this appalling excuse for a liquidator however, you will all find the text of my letter extremerly interesting in that, if any of you had any doubts as to whether or not I wanted to assist the liquidator and the Shareholders of Clubinvest in the recovery of the International Investments, this letter will remove same completely.
It is quite interesting and frustrating to read ones emails after so long, particularly as nothing has changed except that the liquidator is on a witch hunt supported by false and misleading testimony from Allan Veivers, Ray Lynn, Peter Kerin and the other members of the now infamous “Rat Pack”.
If you would like to comment on what you have read below, please do so in the comment section above. All comments are welcomed.
Thank you all for your continued support in ridding Clubinvest of the liquidator, Andrew Hugh Jenner Wily.
Philip B. Northam
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Date: 27/11/2006 4:39:00 PMFrom: Philip B. Northam
Subject: Clubinvest Limited
Attention Mr. Andrew Wily
I, along with many other shareholders, am appalled at the total lack of communication concerning Clubinvest and what you are doing to recover the investment funds. To date, all you have advised the General Shareholders is that Specialists are required to deal with the investments; it will take up to two years to complete and that we have structured some complicated corporate structure that is going to take time to understand.
I do not understand how you can make these statements to the General Shareholders as:
1. There are no specialists required to understand the investments at all. The banking and administration records that you already have, clearly show where the investment funds were transferred to and these transferred have been confirmed several times to Forensic Accountants, ASIC and the Federal Court of Australia and others. Therefore, please advise what Specialists are required to recover the funds; why they are required to recover the funds and have these specialists been appointed as yet? Further, Alan Veivers (Chairman of the Board of Directors and Investment Fund Manager) has all of the information you could possibly require as he dealt with these investment places on a daily basis. Further, you have been conducting meetings with Alan Veivers on what I understand to be a regular basis, so you should have a complete understanding of all of the investments by now, because Alan certainly has. Further again, as you feel there has been no need to involve me in any part of the recovery process whatsoever, nor ask me for any information about the investments (other than as was very briefly discussed on May 3), I can only assume that Alan has already provided all of the information you could possibly require and therefore, these so called specialist should not be required – would you agree?
2. In relation to the two years you referred to in your memorandum to Shareholders, is this the maximum time period allowed for you to complete the liquidation by law or is this the actual time table you genuinely believe it will take? I ask this as, I can not see how it could possibly take two years to attack those who refuse to return funds to Clubinvest and I firmly believe that if we had done what YOU AGREED to at our meeting of May 3, we would have recovered millions of dollars by now. Therefore, please advise exactly WHAT IS GOING TO TAKE TWO YEARS?
3. In relation to the complicated corporate structure, this is easily understood and as I understand from Jeff Tokataake, you are in constant contact with and/or holding meetings with Jeff Tokataake (Company Account), Alan Veivers (Chairman of the Board and Manager of Clubinvest Investments) and Ralph Sahrmann (C.E.O), all of whom have an acute understanding of the Corporate Structure, you should have a complete understanding of what the corporate structure is and on this basis, I believe that you do. It is my view, although I have absolutely no way of knowing for sure because I have been excluded from all meetings, that you have had a good understanding of the corporate structure for most of the time that you have been the liquidator;
I therefore have to ask, in light of 1 through 3 above, why can’t you act to recover funds now and how can this possibly take two years?
I have received many emails and other forms of communication from shareholders advising that they WANT TO KNOW what is happening and you refuse to reply to them, for reasons that absolutely escape me. Further, I have received numerous communications from shareholders, in which they have advised me that they have been told over the months since our ONE AND ONLY MEETING of May 3, that there is no money left anywhere; Clubinvest is a Ponzie Scheme and I am some kind of Fraud. This is critical information and I must ask, why have you only communicated this information to a few shareholders and not ALL SHAREHOLDERS? If what you say is true, why can’t we get resolution of this matter rather than drag it out for years?
Mr. Wily, I am confident that you know and understand that ALL SHAREHOLDERS are entitled to know what is happening, not just a select few. In this regard, how does an ordinary Shareholder manage to qualify to be upgraded to an Informed Shareholder, so that ALL SHAREHOLDERS can know what is happening. I would have thought that IF you have done everything humanly possible to recover the investment funds and as a direct result of all those efforts, you honestly believe there is no money anywhere – as you have been advising some shareholders; that ALL CLUBINVEST SHAREHOLDERS should be given this information NOW, not just a select few. Further, if you are telling a few Shareholders that everything is lost, why don’t you give me back the company NOW so that I can chase the money and try to recover what I can for the Shareholders before it is too late? Why are you continuing to frustrate my attempts to get involved and assist in the recovery of the investment funds?
Since our one and only meeting on May 3, I have NOT done anything to frustrate your efforts, in fact, to the contrary, both my attorney and I have advised several times that we are ready willing and able to assist you in anyway I can. Therefore I have to ask again, why no communication? Why are you ignoring me? Why are you conducting secret meetings with some of the other directors and leaving me out of the equation? How can I help the Shareholders in the recovery of the investments funds if I am not permitted to contribute in any way at all?
I am also outraged by the blatant and malicious lies that you have been spreading about me personally in Vanuatu; lies that have caused tremendous problems for me, my wife and my children. Further, I can not see how this personal slur campaign that you appear to have embarked on – and others that you have spoken to are promoting here in Vanuatu - is in any way constructive or helpful, nor how these actions will help with the recovery of Clubinvest investment funds. Please advise if there is something I am missing here otherwisePLEASE STOP FALSELY SLANDERING ME WITH YOUR MALICIOUS LIES!
YOU MET WITH ME ON MAY 3 FOR A FEW HOURS AND YOU WERE SUPPOSED TO COME BACK THE NEXT MORNING TO DISCUSS STRATEGIES TO DEAL WITH THE VARIOUS INVESTMENT PLACES AND HOW BEST WE COULD WORK TOGETHER TO RECOVER AS MUCH MONEY AS WE POSSIBLY CAN. HOWEVER, AS AT TODAY, NOVEMBER 27, 2006 – NEARLY 8 MONTHS LATTER, AND REGARDLESS OF MY EFFORTS TO CONTACT YOU, YOU HAVE NOT SO MUCH AS ASKED ME A QUESTION, MADE A SINGLE TELEPHONE CALL TO ME, TAKEN A SINGLE TELEPHONE CALL FROM ME, NOR REPLIED TO ANY OF MY EMAILS. WHY IS THAT?
WHY WON’T YOU LET ME HELP? WHY WON’T YOU COMMUNICATE WITH ME? WHY ARE YOU TELLING LIES ABOUT ME, WHEN ALL I WANT TO DO IS HELP THE SHAREHOLDERS OF CLUBINVEST RECOVER THEIR INVESTMENTS?
I do not believe that all funds are lost or at least, were not lost at the time you took control of Clubinvest. However, I am very concerned that the funds could be lost if you have not taken the actions we discussed at our one and only meeting on May 3 – actions you agreed must be taken; actions you agreed should be taken; actions you said would be taken, not to mention those actions that you agreed would be best handled by me and not you. Why have you completely ignored that which we spoke about, deciding instead, to excluded me from absolutely everything, rendering me helpless in my desire to assist with the recovery of funds – which I thought was your primary objective and I am sure was the main intent of the Supreme Court of Vanuatu in their appointment of you as the liquidator?
If you have stopped taking action re Clubinvest, which is what I am assuming has happened given you have advise certain Shareholders that ALL IS LOST, why don’t you tell ALL SHAREHOLDERS and give me and the shareholders a chance to act ourselves if you are unable to achieve any results at all – Could it be that you ARE NOTkeeping ALL SHAREHOLDERS up-to-date because 95% of the hundreds of shareholders who cast their vote concerning your appointment as liquidator, voted against you? I ask this as I simply do not understand why you tell some shareholders all is lost and it was just one big fraud and you completely ignore every other shareholder, including me.
I would also ask that you stop telling the Shareholders lies about me and Steve Magaric. You continue to state that neither he or I have completed the court ordered questionnaires etc, when you know that the only documents that we have not completed are those documents that we CAN NOT complete because YOU HAVE ALL THE FILES. Further, you have advised the general shareholders that I am assisting you, when you know this is a blatant lie; concealing the fact that, you refuse to communicate with me at all and have done since our one and only meeting of May 3, nearly eight (8) months ago.
I demand, as a previous Director and a Shareholder, that you immediately advise ALL SHAREHOLDERS what is happening, particularly as you are already telling some Shareholders all is lost! It is simply not fair to the majority of Shareholders, the people that you are supposed to be representing, that all is lost and you do not tell them.
I was sent an article from the ASIC website to read about you and your firm. I did this and was shocked at what I read about you and the trouble you have personally been in with the various Australian authorities that regulate your industry, including Australian Securities and Investment Commission (A.S.I.C). I wonder if the “Sydney Syndicate” that forced this whole liquidation process and who got you involved, knew of your problematic history. It appears to be OK that you Slander me to the general public, but you have not advised anyone that I know of, that you were in serious trouble a few years ago in relation to other companies to which you were appointed liquidator – why is that? I would like your personal guarantee that Clubinvest will not be involved in any such illegal actions while you are in control of the company and I am sure that the vast majority of Shareholders would also want this same guarantee. For your information and clarity, I have included the wording of the information that is published on the ASIC web site at the end of this email so as to give you the opportunity to see what I am referring to and to give you the opportunity to explain these problems – a courtesy that you have refused to extend to me in relation to Clubinvest.
I am also intensely curious as to why you decided to go into business with Peter Edwards (Hong Kong) when you know he is a Liar, Thief, Cheat, Fraudster and International Conman, who I also understand can not return to Australia as the authorities are waiting for him, a problem that he discussed with me personally on several occasions. Asia Rewards was on the verge of really taking off and if it performed as we expected, would have provided millions of dollars for the shareholders of Clubinvest. Why did you dismiss the men that built that business for the benefit of the shareholders, replacing them with a CRIMINAL such as Peter Edwards? Edwards is a miserable weed of a man that was responsible for the loss of millions of dollars of Clubinvest funds? Further, this is the same criminal who falsely reported monthly returns on investment capital for more than two years; returns on capital that did not exist and you knew this? Did you think he was better qualified than the people who designed the program and built the company? If so, why has the Asia Rewards business been closed down under the management of you and the Peter Edwards, owing staff their hard earned wages, along with other creditors as I have been led to believe, after such a ridiculously short time? Why did you do this to the shareholders of Clubinvest?
I also want an update on TCE (Horse Breeding) which was making good profits for the shareholders. You have taken all of the records when you removed all of the Clubinvest and Biri Files and Records, not to mention other company records that had nothing to do with Clubinvest. The shareholders of that company also want to know what is going on and why, to the best of my knowledge, there has been little or no information forthcoming for the shareholders.
In closing, I have not experienced a situation such as is currently the case with Clubinvest. You seem to be ignoring the very people you are supposed to be protecting; you are communicating untruths to the Shareholders via your memorandums; you are slandering me personally with dreadful lies that has had a tremendously negative impact on my family; you are relying on a Criminal such as Peter Edwards to assist you with Asia; you refuse point blank to meet with me or discuss the matters of Clubinvest; you are conducting secret meetings with the other directors, deliberately excluding me - AND - from what I am hearing and reading, embarking on a witch hunt rather than what you are supposed to do; you took a 300 gig hard drive that belonged to me personally, which you said you would return and to date, have not …. and the list just goes on.
I trust that this email will encourage you TO DO THE RIGHT THING AND COMMUNICATE WITH ALL SHAREHOLDERS, NOT JUST A FEW, as well as letting me get involved in the process so I can do what I can to help the recovery process, rather than just excluding me from everything. Further, I do not want to be placed in the situation where you decide it is time for me to get involved, only for me to discover that there is nothing that I can do as it is now too late.
I look forward to your earliest possible reply and would appreciate same within 48 hours and not another 7 to 8 months to contact me, as is currently the case.
Thank you,
Philip B. Northam
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03-382 DISCIPLINED SYDNEY LIQUIDATOR TO PAY CREDITORS - THURSDAY 4 DECEMBER 2003
THE COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD (the Board) has made orders against Mr. ANDREW HUGH JENNER WILY, a Sydney liquidator ofARMSTRONG WILY & CO, following an application by the Australian Securities and Investments Commission (ASIC).
The Board ordered that Mr. Wily’s registration as a liquidator be suspended for four months, to take effect from 60 says after the date of the Board’s order, after finding that Mr. Wily failed to carry out or perform adequately and properly the duties of a liquidator in relation to the external administrations of:
· Amberday Pty Ltd ACN 079 683 024 (Amberday) (Receivership & Liquidation);
· Leunam Pty Ltd ACN 002 570 041 (Liquidation);
· A R & L M Marsh Pty Ltd ACN 062 005 529 (Administrator appointed);
· Next Generation Child Care Services Pty Ltd Pty Ltd ACN 059 024 154 (Administrator appointed & Liquidation);
· Lightmoves Technologies (NSW) Pty Ltd ACN 003 838 828 (Liquidation); and
· IM Rasberry Pty Limited ACN 002 670 055 (IMR) (Liquidation).
Mr. Wily has also undertaken, by consent, to pay nearly $125,000 to unpaid creditors arising from his conduct in relation to the Amberday external administrations.
The Board found that during the period from January 1998 to October 1998, in relation to the Amberday external administrations, Mr. Wily failed to:
· detect a fraud committed in those external administrations by a staff member, and failed to detect the conduct undertaken by that staff member to cover up that fraud in those and other external administrations;
· identify trading loses and close the business;
· properly and adequately implement or carry out his firm's internal control procedures; and
· properly supervise a partner and a member of his firm.
The Board also found that Mr. Wily contravened various sections of the Corporations Act by:
· failing to lodge the minutes of meetings, reports and formswithin the required statutory period in relation to the Amberday and Next Generation external administrations in 1998, and the Leunam external administration in 1999;
· failing to convene and hold the annual meetings of members and creditors which were due for the Next Generation external administration in September 2001 and 2002, and for the Marsh external administration in September 2002; and
· accepting appointment as external administrator in circumstances where he failed to put a formal resolution to creditors obtaining their express consent for him to act as liquidator, in respect of the IMR external administration.
Further, the Board found that MR WILY FAILED TO CAP HIS REMUNERATION in a resolution put to creditors in accordance with the Insolvency Practitioners Association of Australia (IPAA) Guidelines, in relation to the Lightmoves and Next Generation external administrations.
In addition to the payment to unpaid creditors, Mr. Wily has undertaken to engage an external compliance consultant to review his compliance systems, as well as the continuing education program for insolvency staff concerning compliance with guidelines issued by IPAA, and statutory obligations generally by the appointed external administrator, in relation to any external administrations under Chapter 5 of the Corporations Act.
Mr. Wily has also agreed to attend 15 hours of professional development during the next 12 months in relation to insolvency practice and procedure, supplementary to the minimum training required by the Institute of Chartered Accountants Professional Development Program.
The Board ordered Mr. Wily to pay ASIC’s costs of $80,000.
‘ASIC regards any breach of a liquidator’s responsibilities very seriously. The public must be able to rely on liquidators to meet their responsibilities as required by the law, and ASIC will ensure that liquidators who fail to meet those responsibilities are brought before the CALDB for appropriate disciplinary action’, ASIC’s Deputy Executive Director of Enforcement, Ms Jan Redfern said.
I, along with many other shareholders, am appalled at the total lack of communication concerning Clubinvest and what you are doing to recover the investment funds. To date, all you have advised the General Shareholders is that Specialists are required to deal with the investments; it will take up to two years to complete and that we have structured some complicated corporate structure that is going to take time to understand.
I do not understand how you can make these statements to the General Shareholders as:
1. There are no specialists required to understand the investments at all. The banking and administration records that you already have, clearly show where the investment funds were transferred to and these transferred have been confirmed several times to Forensic Accountants, ASIC and the Federal Court of Australia and others. Therefore, please advise what Specialists are required to recover the funds; why they are required to recover the funds and have these specialists been appointed as yet? Further, Alan Veivers (Chairman of the Board of Directors and Investment Fund Manager) has all of the information you could possibly require as he dealt with these investment places on a daily basis. Further, you have been conducting meetings with Alan Veivers on what I understand to be a regular basis, so you should have a complete understanding of all of the investments by now, because Alan certainly has. Further again, as you feel there has been no need to involve me in any part of the recovery process whatsoever, nor ask me for any information about the investments (other than as was very briefly discussed on May 3), I can only assume that Alan has already provided all of the information you could possibly require and therefore, these so called specialist should not be required – would you agree?
2. In relation to the two years you referred to in your memorandum to Shareholders, is this the maximum time period allowed for you to complete the liquidation by law or is this the actual time table you genuinely believe it will take? I ask this as, I can not see how it could possibly take two years to attack those who refuse to return funds to Clubinvest and I firmly believe that if we had done what YOU AGREED to at our meeting of May 3, we would have recovered millions of dollars by now. Therefore, please advise exactly WHAT IS GOING TO TAKE TWO YEARS?
3. In relation to the complicated corporate structure, this is easily understood and as I understand from Jeff Tokataake, you are in constant contact with and/or holding meetings with Jeff Tokataake (Company Account), Alan Veivers (Chairman of the Board and Manager of Clubinvest Investments) and Ralph Sahrmann (C.E.O), all of whom have an acute understanding of the Corporate Structure, you should have a complete understanding of what the corporate structure is and on this basis, I believe that you do. It is my view, although I have absolutely no way of knowing for sure because I have been excluded from all meetings, that you have had a good understanding of the corporate structure for most of the time that you have been the liquidator;
I therefore have to ask, in light of 1 through 3 above, why can’t you act to recover funds now and how can this possibly take two years?
I have received many emails and other forms of communication from shareholders advising that they WANT TO KNOW what is happening and you refuse to reply to them, for reasons that absolutely escape me. Further, I have received numerous communications from shareholders, in which they have advised me that they have been told over the months since our ONE AND ONLY MEETING of May 3, that there is no money left anywhere; Clubinvest is a Ponzie Scheme and I am some kind of Fraud. This is critical information and I must ask, why have you only communicated this information to a few shareholders and not ALL SHAREHOLDERS? If what you say is true, why can’t we get resolution of this matter rather than drag it out for years?
Mr. Wily, I am confident that you know and understand that ALL SHAREHOLDERS are entitled to know what is happening, not just a select few. In this regard, how does an ordinary Shareholder manage to qualify to be upgraded to an Informed Shareholder, so that ALL SHAREHOLDERS can know what is happening. I would have thought that IF you have done everything humanly possible to recover the investment funds and as a direct result of all those efforts, you honestly believe there is no money anywhere – as you have been advising some shareholders; that ALL CLUBINVEST SHAREHOLDERS should be given this information NOW, not just a select few. Further, if you are telling a few Shareholders that everything is lost, why don’t you give me back the company NOW so that I can chase the money and try to recover what I can for the Shareholders before it is too late? Why are you continuing to frustrate my attempts to get involved and assist in the recovery of the investment funds?
Since our one and only meeting on May 3, I have NOT done anything to frustrate your efforts, in fact, to the contrary, both my attorney and I have advised several times that we are ready willing and able to assist you in anyway I can. Therefore I have to ask again, why no communication? Why are you ignoring me? Why are you conducting secret meetings with some of the other directors and leaving me out of the equation? How can I help the Shareholders in the recovery of the investments funds if I am not permitted to contribute in any way at all?
I am also outraged by the blatant and malicious lies that you have been spreading about me personally in Vanuatu; lies that have caused tremendous problems for me, my wife and my children. Further, I can not see how this personal slur campaign that you appear to have embarked on – and others that you have spoken to are promoting here in Vanuatu - is in any way constructive or helpful, nor how these actions will help with the recovery of Clubinvest investment funds. Please advise if there is something I am missing here otherwisePLEASE STOP FALSELY SLANDERING ME WITH YOUR MALICIOUS LIES!
YOU MET WITH ME ON MAY 3 FOR A FEW HOURS AND YOU WERE SUPPOSED TO COME BACK THE NEXT MORNING TO DISCUSS STRATEGIES TO DEAL WITH THE VARIOUS INVESTMENT PLACES AND HOW BEST WE COULD WORK TOGETHER TO RECOVER AS MUCH MONEY AS WE POSSIBLY CAN. HOWEVER, AS AT TODAY, NOVEMBER 27, 2006 – NEARLY 8 MONTHS LATTER, AND REGARDLESS OF MY EFFORTS TO CONTACT YOU, YOU HAVE NOT SO MUCH AS ASKED ME A QUESTION, MADE A SINGLE TELEPHONE CALL TO ME, TAKEN A SINGLE TELEPHONE CALL FROM ME, NOR REPLIED TO ANY OF MY EMAILS. WHY IS THAT?
WHY WON’T YOU LET ME HELP? WHY WON’T YOU COMMUNICATE WITH ME? WHY ARE YOU TELLING LIES ABOUT ME, WHEN ALL I WANT TO DO IS HELP THE SHAREHOLDERS OF CLUBINVEST RECOVER THEIR INVESTMENTS?
I do not believe that all funds are lost or at least, were not lost at the time you took control of Clubinvest. However, I am very concerned that the funds could be lost if you have not taken the actions we discussed at our one and only meeting on May 3 – actions you agreed must be taken; actions you agreed should be taken; actions you said would be taken, not to mention those actions that you agreed would be best handled by me and not you. Why have you completely ignored that which we spoke about, deciding instead, to excluded me from absolutely everything, rendering me helpless in my desire to assist with the recovery of funds – which I thought was your primary objective and I am sure was the main intent of the Supreme Court of Vanuatu in their appointment of you as the liquidator?
If you have stopped taking action re Clubinvest, which is what I am assuming has happened given you have advise certain Shareholders that ALL IS LOST, why don’t you tell ALL SHAREHOLDERS and give me and the shareholders a chance to act ourselves if you are unable to achieve any results at all – Could it be that you ARE NOTkeeping ALL SHAREHOLDERS up-to-date because 95% of the hundreds of shareholders who cast their vote concerning your appointment as liquidator, voted against you? I ask this as I simply do not understand why you tell some shareholders all is lost and it was just one big fraud and you completely ignore every other shareholder, including me.
I would also ask that you stop telling the Shareholders lies about me and Steve Magaric. You continue to state that neither he or I have completed the court ordered questionnaires etc, when you know that the only documents that we have not completed are those documents that we CAN NOT complete because YOU HAVE ALL THE FILES. Further, you have advised the general shareholders that I am assisting you, when you know this is a blatant lie; concealing the fact that, you refuse to communicate with me at all and have done since our one and only meeting of May 3, nearly eight (8) months ago.
I demand, as a previous Director and a Shareholder, that you immediately advise ALL SHAREHOLDERS what is happening, particularly as you are already telling some Shareholders all is lost! It is simply not fair to the majority of Shareholders, the people that you are supposed to be representing, that all is lost and you do not tell them.
I was sent an article from the ASIC website to read about you and your firm. I did this and was shocked at what I read about you and the trouble you have personally been in with the various Australian authorities that regulate your industry, including Australian Securities and Investment Commission (A.S.I.C). I wonder if the “Sydney Syndicate” that forced this whole liquidation process and who got you involved, knew of your problematic history. It appears to be OK that you Slander me to the general public, but you have not advised anyone that I know of, that you were in serious trouble a few years ago in relation to other companies to which you were appointed liquidator – why is that? I would like your personal guarantee that Clubinvest will not be involved in any such illegal actions while you are in control of the company and I am sure that the vast majority of Shareholders would also want this same guarantee. For your information and clarity, I have included the wording of the information that is published on the ASIC web site at the end of this email so as to give you the opportunity to see what I am referring to and to give you the opportunity to explain these problems – a courtesy that you have refused to extend to me in relation to Clubinvest.
I am also intensely curious as to why you decided to go into business with Peter Edwards (Hong Kong) when you know he is a Liar, Thief, Cheat, Fraudster and International Conman, who I also understand can not return to Australia as the authorities are waiting for him, a problem that he discussed with me personally on several occasions. Asia Rewards was on the verge of really taking off and if it performed as we expected, would have provided millions of dollars for the shareholders of Clubinvest. Why did you dismiss the men that built that business for the benefit of the shareholders, replacing them with a CRIMINAL such as Peter Edwards? Edwards is a miserable weed of a man that was responsible for the loss of millions of dollars of Clubinvest funds? Further, this is the same criminal who falsely reported monthly returns on investment capital for more than two years; returns on capital that did not exist and you knew this? Did you think he was better qualified than the people who designed the program and built the company? If so, why has the Asia Rewards business been closed down under the management of you and the Peter Edwards, owing staff their hard earned wages, along with other creditors as I have been led to believe, after such a ridiculously short time? Why did you do this to the shareholders of Clubinvest?
I also want an update on TCE (Horse Breeding) which was making good profits for the shareholders. You have taken all of the records when you removed all of the Clubinvest and Biri Files and Records, not to mention other company records that had nothing to do with Clubinvest. The shareholders of that company also want to know what is going on and why, to the best of my knowledge, there has been little or no information forthcoming for the shareholders.
In closing, I have not experienced a situation such as is currently the case with Clubinvest. You seem to be ignoring the very people you are supposed to be protecting; you are communicating untruths to the Shareholders via your memorandums; you are slandering me personally with dreadful lies that has had a tremendously negative impact on my family; you are relying on a Criminal such as Peter Edwards to assist you with Asia; you refuse point blank to meet with me or discuss the matters of Clubinvest; you are conducting secret meetings with the other directors, deliberately excluding me - AND - from what I am hearing and reading, embarking on a witch hunt rather than what you are supposed to do; you took a 300 gig hard drive that belonged to me personally, which you said you would return and to date, have not …. and the list just goes on.
I trust that this email will encourage you TO DO THE RIGHT THING AND COMMUNICATE WITH ALL SHAREHOLDERS, NOT JUST A FEW, as well as letting me get involved in the process so I can do what I can to help the recovery process, rather than just excluding me from everything. Further, I do not want to be placed in the situation where you decide it is time for me to get involved, only for me to discover that there is nothing that I can do as it is now too late.
I look forward to your earliest possible reply and would appreciate same within 48 hours and not another 7 to 8 months to contact me, as is currently the case.
Thank you,
Philip B. Northam
************************************************************************************
03-382 DISCIPLINED SYDNEY LIQUIDATOR TO PAY CREDITORS - THURSDAY 4 DECEMBER 2003
THE COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD (the Board) has made orders against Mr. ANDREW HUGH JENNER WILY, a Sydney liquidator ofARMSTRONG WILY & CO, following an application by the Australian Securities and Investments Commission (ASIC).
The Board ordered that Mr. Wily’s registration as a liquidator be suspended for four months, to take effect from 60 says after the date of the Board’s order, after finding that Mr. Wily failed to carry out or perform adequately and properly the duties of a liquidator in relation to the external administrations of:
· Amberday Pty Ltd ACN 079 683 024 (Amberday) (Receivership & Liquidation);
· Leunam Pty Ltd ACN 002 570 041 (Liquidation);
· A R & L M Marsh Pty Ltd ACN 062 005 529 (Administrator appointed);
· Next Generation Child Care Services Pty Ltd Pty Ltd ACN 059 024 154 (Administrator appointed & Liquidation);
· Lightmoves Technologies (NSW) Pty Ltd ACN 003 838 828 (Liquidation); and
· IM Rasberry Pty Limited ACN 002 670 055 (IMR) (Liquidation).
Mr. Wily has also undertaken, by consent, to pay nearly $125,000 to unpaid creditors arising from his conduct in relation to the Amberday external administrations.
The Board found that during the period from January 1998 to October 1998, in relation to the Amberday external administrations, Mr. Wily failed to:
· detect a fraud committed in those external administrations by a staff member, and failed to detect the conduct undertaken by that staff member to cover up that fraud in those and other external administrations;
· identify trading loses and close the business;
· properly and adequately implement or carry out his firm's internal control procedures; and
· properly supervise a partner and a member of his firm.
The Board also found that Mr. Wily contravened various sections of the Corporations Act by:
· failing to lodge the minutes of meetings, reports and formswithin the required statutory period in relation to the Amberday and Next Generation external administrations in 1998, and the Leunam external administration in 1999;
· failing to convene and hold the annual meetings of members and creditors which were due for the Next Generation external administration in September 2001 and 2002, and for the Marsh external administration in September 2002; and
· accepting appointment as external administrator in circumstances where he failed to put a formal resolution to creditors obtaining their express consent for him to act as liquidator, in respect of the IMR external administration.
Further, the Board found that MR WILY FAILED TO CAP HIS REMUNERATION in a resolution put to creditors in accordance with the Insolvency Practitioners Association of Australia (IPAA) Guidelines, in relation to the Lightmoves and Next Generation external administrations.
In addition to the payment to unpaid creditors, Mr. Wily has undertaken to engage an external compliance consultant to review his compliance systems, as well as the continuing education program for insolvency staff concerning compliance with guidelines issued by IPAA, and statutory obligations generally by the appointed external administrator, in relation to any external administrations under Chapter 5 of the Corporations Act.
Mr. Wily has also agreed to attend 15 hours of professional development during the next 12 months in relation to insolvency practice and procedure, supplementary to the minimum training required by the Institute of Chartered Accountants Professional Development Program.
The Board ordered Mr. Wily to pay ASIC’s costs of $80,000.
‘ASIC regards any breach of a liquidator’s responsibilities very seriously. The public must be able to rely on liquidators to meet their responsibilities as required by the law, and ASIC will ensure that liquidators who fail to meet those responsibilities are brought before the CALDB for appropriate disciplinary action’, ASIC’s Deputy Executive Director of Enforcement, Ms Jan Redfern said.
Labels: armstrong wily, Clubinvest Veivers Liquidator, Wily
FRIDAY, JULY 4, 2008
2008 Petition to Remove Liquidator
BEFORE THE SUPREME COURT OF VANUATU
IN RE: SHAREHOLDERS of CLUBINVEST LIMITED
PETITION FOR THE REMOVAL OF THE LIQUIDATOR OF CLUBINVEST LIMITED
We, the Shareholders of Clubinvest Limited, an International Company registered in the Republic of Vanuatu, petition The Supreme Court of Vanuatu to permanently remove the liquidator of Clubinvest Limited, being Mr. Andrew Hugh Jenner Wily of Armstrong Wily situated at Level 5, 75 Castlereagh St, Sydney NSW. 2000. Australia. Further, we petition the Supreme Court of Vanuatu to reinstate former Clubinvest Director, Philip Bruce Northam of Port Vila, Vanuatu to, amongst other things, recover the various investments of Clubinvest Limited from the various investment places around the world for the benefit of all shareholders.
The Petitioners, Clubinvest Limited Shareholders, hereby petitions this Honourable Court, because the shareholders are being treated unfairly and have grave fears that the Shareholders of Clubinvest Limited are going to be financial disadvantaged by the actions of the Liquidator resulting in the recovery of none of the Shareholders Investments for payment to the Shareholders.
IN SUPPORT HEREOF, the petitioner’s state:
The Liquidator,
· is biased towards vested interests;
· has not achieved the recovery of funds for payment to the shareholders and the recovery is going nowhere after more than two (2) years since the appointment of the liquidator;
· seems to be creating a “self-feeding” situation through unnecessary acts and frivolous legal actions;
· refuses to hold any “Shareholder Meetings” or “Annual Meetings” to discuss his activities;
· since his appointment has, for the most part, refused to reply to emails, letters, facsimiles and/or telephone calls of the Shareholders of Clubinvest Limited;
· refuses to advise shareholders of the costs associated with the liquidation, the calculation thereof nor has provided any indication of future costs and expenses to the financial detriment of the Shareholders of Clubinvest Limited;
· refuses to advise what his fees could be and has not “capped” the amount of fees he can charge and is charging;
· refuses to confirm whether all recovered funds can or will be consumed in payment of his fees & expenses;
· has not prepared a set of accounts or a reconciliation of fees / expenses for more than two (2) years;
· refuses to distribute any reports or updates of his activities since his Memorandum 111 in June 2006, other than replies to the information provided to Shareholders by Philip Bruce Northam;
· has ignored the offers of three former directors to assist him with the liquidation (Northam, Magaric & Fox) who have knowledge critical to the recovery of shareholders’ investments;
· has not diligently pursue and/or taken action to recover millions of dollars of Shareholders Investments;
· appears to have liquidated investments that were easy & cost efficient to liquidate, forgoing more distant and difficult investments to the detriment of the general shareholder population;
· appears to have liquidated investments at “Fire Sale” prices to the detriment of the Shareholders;
· is preparing to wind-up Clubinvest, possibly forgoing the recovery of millions of shareholder investments;
· is not acting in the best interests of the general Shareholder population;
· was appointed by a single, questionable and unproven claim of one Australian Creditor, to the detriment of the general Shareholder population;
· has commenced an extremely expensive court action against three former directors with little chance of any financial gain, at the expense of all shareholders and without consultation with the said shareholders.
CONCLUSION:
We, the shareholders, are concerned that if the liquidator is allowed to continue as he is, registering ‘Billable Hours’ at “Undisclosed Rates” and being paid his fees and expenses, all the money of the shareholders of Clubinvest will be squandered, without the shareholders having any say in the liquidation process or the money that the liquidator is spending on frivolous legal actions.
The Petitioners respectively petition this Honourable Court to:
1. permanently remove the Liquidator – ANDREW HUGH JENNER WILY
2. place the company into the control of the Shareholders so Shareholders can effect the liquidation in a proper manner.
3. reinstate former director, Philip Bruce Northam, as the controlling director of Clubinvest so that he can assist the shareholders in recovering their money. We believe Philip Bruce Northam has the shareholders’ best interests at heart, having sufficient vested interest to ensure that no stone is left unturned in achieving our common objectives, namely the recovery and return of the investments from around the world to the Shareholders of Clubinvest Limited.
RESPECTFULLY, we, the Petitioners, request that this Honourable Court, accept this petition in its electronic format as due to the tremendous geographical diversification of the Shareholders and “Time Being Of The Essence” in this matter, it is impossible to prepare and have signed a manual petition for lodgement. HOWEVER, I/we the below mentioned Shareholder will arrange to have this, my/our Petition to Remove the Liquidator duly certified and sent to the Supreme Court of Vanuatu should same be required by this Honourable Court.
Signed the same date as the date of the electronic return of this Petition in the year 2008.
NAME OF SHAREHOLDER : ............................................
IN RE: SHAREHOLDERS of CLUBINVEST LIMITED
PETITION FOR THE REMOVAL OF THE LIQUIDATOR OF CLUBINVEST LIMITED
We, the Shareholders of Clubinvest Limited, an International Company registered in the Republic of Vanuatu, petition The Supreme Court of Vanuatu to permanently remove the liquidator of Clubinvest Limited, being Mr. Andrew Hugh Jenner Wily of Armstrong Wily situated at Level 5, 75 Castlereagh St, Sydney NSW. 2000. Australia. Further, we petition the Supreme Court of Vanuatu to reinstate former Clubinvest Director, Philip Bruce Northam of Port Vila, Vanuatu to, amongst other things, recover the various investments of Clubinvest Limited from the various investment places around the world for the benefit of all shareholders.
The Petitioners, Clubinvest Limited Shareholders, hereby petitions this Honourable Court, because the shareholders are being treated unfairly and have grave fears that the Shareholders of Clubinvest Limited are going to be financial disadvantaged by the actions of the Liquidator resulting in the recovery of none of the Shareholders Investments for payment to the Shareholders.
IN SUPPORT HEREOF, the petitioner’s state:
The Liquidator,
· is biased towards vested interests;
· has not achieved the recovery of funds for payment to the shareholders and the recovery is going nowhere after more than two (2) years since the appointment of the liquidator;
· seems to be creating a “self-feeding” situation through unnecessary acts and frivolous legal actions;
· refuses to hold any “Shareholder Meetings” or “Annual Meetings” to discuss his activities;
· since his appointment has, for the most part, refused to reply to emails, letters, facsimiles and/or telephone calls of the Shareholders of Clubinvest Limited;
· refuses to advise shareholders of the costs associated with the liquidation, the calculation thereof nor has provided any indication of future costs and expenses to the financial detriment of the Shareholders of Clubinvest Limited;
· refuses to advise what his fees could be and has not “capped” the amount of fees he can charge and is charging;
· refuses to confirm whether all recovered funds can or will be consumed in payment of his fees & expenses;
· has not prepared a set of accounts or a reconciliation of fees / expenses for more than two (2) years;
· refuses to distribute any reports or updates of his activities since his Memorandum 111 in June 2006, other than replies to the information provided to Shareholders by Philip Bruce Northam;
· has ignored the offers of three former directors to assist him with the liquidation (Northam, Magaric & Fox) who have knowledge critical to the recovery of shareholders’ investments;
· has not diligently pursue and/or taken action to recover millions of dollars of Shareholders Investments;
· appears to have liquidated investments that were easy & cost efficient to liquidate, forgoing more distant and difficult investments to the detriment of the general shareholder population;
· appears to have liquidated investments at “Fire Sale” prices to the detriment of the Shareholders;
· is preparing to wind-up Clubinvest, possibly forgoing the recovery of millions of shareholder investments;
· is not acting in the best interests of the general Shareholder population;
· was appointed by a single, questionable and unproven claim of one Australian Creditor, to the detriment of the general Shareholder population;
· has commenced an extremely expensive court action against three former directors with little chance of any financial gain, at the expense of all shareholders and without consultation with the said shareholders.
CONCLUSION:
We, the shareholders, are concerned that if the liquidator is allowed to continue as he is, registering ‘Billable Hours’ at “Undisclosed Rates” and being paid his fees and expenses, all the money of the shareholders of Clubinvest will be squandered, without the shareholders having any say in the liquidation process or the money that the liquidator is spending on frivolous legal actions.
The Petitioners respectively petition this Honourable Court to:
1. permanently remove the Liquidator – ANDREW HUGH JENNER WILY
2. place the company into the control of the Shareholders so Shareholders can effect the liquidation in a proper manner.
3. reinstate former director, Philip Bruce Northam, as the controlling director of Clubinvest so that he can assist the shareholders in recovering their money. We believe Philip Bruce Northam has the shareholders’ best interests at heart, having sufficient vested interest to ensure that no stone is left unturned in achieving our common objectives, namely the recovery and return of the investments from around the world to the Shareholders of Clubinvest Limited.
RESPECTFULLY, we, the Petitioners, request that this Honourable Court, accept this petition in its electronic format as due to the tremendous geographical diversification of the Shareholders and “Time Being Of The Essence” in this matter, it is impossible to prepare and have signed a manual petition for lodgement. HOWEVER, I/we the below mentioned Shareholder will arrange to have this, my/our Petition to Remove the Liquidator duly certified and sent to the Supreme Court of Vanuatu should same be required by this Honourable Court.
Signed the same date as the date of the electronic return of this Petition in the year 2008.
NAME OF SHAREHOLDER : ............................................
EMAIL ADDRESS : ............................................
Labels: Clubinvest, Liquidator, Petition, Veivers
WEDNESDAY, JUNE 25, 2008
Justice Bulu departs from Supreme Court
Date: 25/06/2008 6:35:00 PM
Dear Supporting Shareholders,
This is an information update only and does not require any response.
Our case has suffered a “Time Delay” in that Justice Bulu, the Judge hearing our matter, has resigned from the Supreme Court due to illness as I understand it. This is a great shame as Justice Bulu was a distinguished Justice possessing a wealth of legal knowledge. Justice Bulu was a previous Attorney General for Vanuatu and as I understand it, he was also one of the legal minds that framed the laws for the new Republic when Vanuatu achieved its independence as a Sovereign Nation in 1980.
Justice Bulu at all times treated me fairly and afforded me the opportunity to present my arguments in court and was at all times mindful of the fact that I was self-represented and not a lawyer. Further, while his Honour did have occasion to draw my attention to errors on my part, Justice Bulu was, in my opinion, rather generous with the latitude he afforded me during the numerous occasions I was in front of him.
I wish Justice Bulu all the best for the future, particularly with respect to his health, along with the many others who know him and/or who have had the opportunity to attend his court. I am sure that he will be missed at the Supreme Court by all concerned.
Justice Bulu’s resignation now means that there is one less Judge to deal with all the matters currently before the court and Justice Bulu’s cases will need to be spread over the remaining Judges, who naturally, will need to be brought upto speed on same before proceeding. This is certainly applicable to our matter, which is detailed and complex in its nature.
In our particular case however, we now know that the Chief Justice of the Supreme Court has now taken over our matter from Justice Bulu and I had my first Conference in Chambers with the Chief Justice this week. It goes without saying that you do not become the Chief Justice of the Supreme Court without good reason. Therefore, I am confident that, as the Chief Justice is also a very experienced Justice, we will continue to receive a fair and just hearing of the facts in this matter. Further, I am confident that the Chief Justice will get upto speed on our case as soon as possible and matter will start being heard again very soon.
All supporting Shareholders are aware that I have numerous applications currently before the court however, exposing all of the wrong doing and false, misleading and slanderous acts of the liquidator and its witnesses such as Alan Veivers and Peter Kerin and I will advise everyone as soon as I am advised, of when these application are to be heard.
The resignation of Justice Bulu occurred nearly two weeks ago however, as I did not know what the ramifications of His Honour’s resignation would be, i.e. if he would be finish his existing cases or not, I had nothing of any substance to report until now.
Thank you all for your continued support and patience.
Philip B. Northam
Dear Supporting Shareholders,
This is an information update only and does not require any response.
Our case has suffered a “Time Delay” in that Justice Bulu, the Judge hearing our matter, has resigned from the Supreme Court due to illness as I understand it. This is a great shame as Justice Bulu was a distinguished Justice possessing a wealth of legal knowledge. Justice Bulu was a previous Attorney General for Vanuatu and as I understand it, he was also one of the legal minds that framed the laws for the new Republic when Vanuatu achieved its independence as a Sovereign Nation in 1980.
Justice Bulu at all times treated me fairly and afforded me the opportunity to present my arguments in court and was at all times mindful of the fact that I was self-represented and not a lawyer. Further, while his Honour did have occasion to draw my attention to errors on my part, Justice Bulu was, in my opinion, rather generous with the latitude he afforded me during the numerous occasions I was in front of him.
I wish Justice Bulu all the best for the future, particularly with respect to his health, along with the many others who know him and/or who have had the opportunity to attend his court. I am sure that he will be missed at the Supreme Court by all concerned.
Justice Bulu’s resignation now means that there is one less Judge to deal with all the matters currently before the court and Justice Bulu’s cases will need to be spread over the remaining Judges, who naturally, will need to be brought upto speed on same before proceeding. This is certainly applicable to our matter, which is detailed and complex in its nature.
In our particular case however, we now know that the Chief Justice of the Supreme Court has now taken over our matter from Justice Bulu and I had my first Conference in Chambers with the Chief Justice this week. It goes without saying that you do not become the Chief Justice of the Supreme Court without good reason. Therefore, I am confident that, as the Chief Justice is also a very experienced Justice, we will continue to receive a fair and just hearing of the facts in this matter. Further, I am confident that the Chief Justice will get upto speed on our case as soon as possible and matter will start being heard again very soon.
All supporting Shareholders are aware that I have numerous applications currently before the court however, exposing all of the wrong doing and false, misleading and slanderous acts of the liquidator and its witnesses such as Alan Veivers and Peter Kerin and I will advise everyone as soon as I am advised, of when these application are to be heard.
The resignation of Justice Bulu occurred nearly two weeks ago however, as I did not know what the ramifications of His Honour’s resignation would be, i.e. if he would be finish his existing cases or not, I had nothing of any substance to report until now.
Thank you all for your continued support and patience.
Philip B. Northam
SATURDAY, MAY 24, 2008
Answers To Questions
Saturday, 24 May 2008
Dear Supporting Shareholders,
I have received some questions from some shareholders which I feel I need to clarify so as to remove all doubt and confusion.
Question 1. Why am I sending out so many individual emails and why is it important that we respond to them?
It is extremely important that I show the Court that the points I have made ion my application to remove the liquidator, are not just my word against his but rather, solid and fully supported facts.
The Court appointed the Liquidator on statements and claims that we were not able to challenge as the application were made EXPARTE – which means without our knowledge. Therefore, if the Court is to remove the liquidator, the court MUST BE CONVINCED that there is just cause for the liquidator to be removed – hence my detailed Application to Remove the liquidator.
It is therefore extremely important that things I have stated in the Application to remove the liquidator is backed up – not just me saying he has done wrong.
Question 2. Why am I receiving emails that do not apply to me?
I have a single Supporting Shareholders Data Base that has been compiled over a very long time as the liquidator has not provided me with any information for obvious reasons.
Over the last few weeks, as you will all be very well aware, I have structured the data base so that I can communicate efficiently with those Shareholder that I am able to contact and that are in support of my actions, which now is the majority of the Shareholders of Clubinvest however, if I was to create a separate email data base for each of the things I need to discuss with Shareholders, it would be very complicated and time consuming indeed.
Therefore, as the questions are rather small so as not to waste your time read long drawn out emails, I ask that you only apply to the emails that are applicable to you. For example, the emails in relation to TCE only apply to the TCE shareholders and it is those shareholders that will reply. All other shareholders will either file the email or delete it.
While this practice means that shareholders will receive some emails that do not apply to them, it is allowing me more time to work on the legal issues which at best, can only be described as complicated and intense and I therefore ask for your patience and understanding if you do receive an email that does not apply to you..
I trust that this email has clarified the two questions that I have been asked however, should any Supporting Shareholder have any further questions or would like further clarification, please do not hesitate to contact me.
Thank you to the shareholders that brought these questions to my attention and thank you all for your continued support,
Philip
Dear Supporting Shareholders,
I have received some questions from some shareholders which I feel I need to clarify so as to remove all doubt and confusion.
Question 1. Why am I sending out so many individual emails and why is it important that we respond to them?
It is extremely important that I show the Court that the points I have made ion my application to remove the liquidator, are not just my word against his but rather, solid and fully supported facts.
The Court appointed the Liquidator on statements and claims that we were not able to challenge as the application were made EXPARTE – which means without our knowledge. Therefore, if the Court is to remove the liquidator, the court MUST BE CONVINCED that there is just cause for the liquidator to be removed – hence my detailed Application to Remove the liquidator.
It is therefore extremely important that things I have stated in the Application to remove the liquidator is backed up – not just me saying he has done wrong.
Question 2. Why am I receiving emails that do not apply to me?
I have a single Supporting Shareholders Data Base that has been compiled over a very long time as the liquidator has not provided me with any information for obvious reasons.
Over the last few weeks, as you will all be very well aware, I have structured the data base so that I can communicate efficiently with those Shareholder that I am able to contact and that are in support of my actions, which now is the majority of the Shareholders of Clubinvest however, if I was to create a separate email data base for each of the things I need to discuss with Shareholders, it would be very complicated and time consuming indeed.
Therefore, as the questions are rather small so as not to waste your time read long drawn out emails, I ask that you only apply to the emails that are applicable to you. For example, the emails in relation to TCE only apply to the TCE shareholders and it is those shareholders that will reply. All other shareholders will either file the email or delete it.
While this practice means that shareholders will receive some emails that do not apply to them, it is allowing me more time to work on the legal issues which at best, can only be described as complicated and intense and I therefore ask for your patience and understanding if you do receive an email that does not apply to you..
I trust that this email has clarified the two questions that I have been asked however, should any Supporting Shareholder have any further questions or would like further clarification, please do not hesitate to contact me.
Thank you to the shareholders that brought these questions to my attention and thank you all for your continued support,
Philip
FRIDAY, MAY 23, 2008
Allan Ross Veivers - Allegations of Perjury
Dear Supporting Shareholders,
ALLAN ROSS VEIVERS has stated under oath the following Sworn Statements, which I contend and verily believe to be nothing more than Perjury and representative of the type of person he is.
I am seeking any comments from Shareholders that show that the below Sworn Statements made by Veivers in Court are in fact lies. Therefore, if any Supporting Shareholder can honestly state that you know any of the below Sworn Statements to be false, please advise me as soon as possible by replying to this email.
After what Veivers has done to the Shareholders of Clubinvest with his deceitful and allegedly criminal actions, which amongst other things, was a major contributing factor to the additional loss of over A$1,800,000 of existing and new shareholders – which was invested after he knew that he was secretly resigning from Clubinvest - I am not going to let him get away with such blatant lies – he will pay for his actions.
Further, as Veivers is a key witness for the Liquidator and given the facts that I presented in the “ARV Report”, I am confident that there are a considerable number of Supporting Shareholders that would like to opportunity to comment on Mr. Veivers below Sworn Statements that he is relying on to exonerate himself from any wrong doing so that he can keep, without challenge, his Sunshine Coast Properties, Cash Holding and other investments.
Allan Ross Veivers stated under OATH that:
1. AT NO TIME have I engaged in conduct that is intended to or likely to induce persons or entities within Australia to purchase shares in Clubinvest Limited.
I frequently visited Australia to visit my family and
1. AT NO TIME have I disseminated {distributed} information about Clubinvest to anyone with the intention of inducing them to invest in Clubinvest.
2. AT NO TIME have I, except in reply to specific questions, given any information to prospective investors of Clubinvest.
3. AT NO TIME have I, called or held a meeting with anyone for the purpose of inducing them to invest in Clubinvest.
4. AT NO TIME have I, promoted the Clubinvest referral system to anyone with the intention of inducing them to invest in Clubinvest.
For the record, this is an abridged version of the sworn statements to keep things short and simple and I have not made any changes at all that alters the intent of the Sworn Statements.
I look forward to hearing from all Supporting Shareholders that would like to have their say.
Thank you,
Philip B. Northam
Working for All Supporting Shareholders
ALLAN ROSS VEIVERS has stated under oath the following Sworn Statements, which I contend and verily believe to be nothing more than Perjury and representative of the type of person he is.
I am seeking any comments from Shareholders that show that the below Sworn Statements made by Veivers in Court are in fact lies. Therefore, if any Supporting Shareholder can honestly state that you know any of the below Sworn Statements to be false, please advise me as soon as possible by replying to this email.
After what Veivers has done to the Shareholders of Clubinvest with his deceitful and allegedly criminal actions, which amongst other things, was a major contributing factor to the additional loss of over A$1,800,000 of existing and new shareholders – which was invested after he knew that he was secretly resigning from Clubinvest - I am not going to let him get away with such blatant lies – he will pay for his actions.
Further, as Veivers is a key witness for the Liquidator and given the facts that I presented in the “ARV Report”, I am confident that there are a considerable number of Supporting Shareholders that would like to opportunity to comment on Mr. Veivers below Sworn Statements that he is relying on to exonerate himself from any wrong doing so that he can keep, without challenge, his Sunshine Coast Properties, Cash Holding and other investments.
Allan Ross Veivers stated under OATH that:
1. AT NO TIME have I engaged in conduct that is intended to or likely to induce persons or entities within Australia to purchase shares in Clubinvest Limited.
I frequently visited Australia to visit my family and
1. AT NO TIME have I disseminated {distributed} information about Clubinvest to anyone with the intention of inducing them to invest in Clubinvest.
2. AT NO TIME have I, except in reply to specific questions, given any information to prospective investors of Clubinvest.
3. AT NO TIME have I, called or held a meeting with anyone for the purpose of inducing them to invest in Clubinvest.
4. AT NO TIME have I, promoted the Clubinvest referral system to anyone with the intention of inducing them to invest in Clubinvest.
For the record, this is an abridged version of the sworn statements to keep things short and simple and I have not made any changes at all that alters the intent of the Sworn Statements.
I look forward to hearing from all Supporting Shareholders that would like to have their say.
Thank you,
Philip B. Northam
Working for All Supporting Shareholders
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