Question
Brad is the managing director and one of several directors of a medium size manufacturing company, Cashless Pty Ltd. During early 2017, Cashless Pty Ltd
Brad is the managing director and one of several directors of a medium size manufacturing
company, Cashless Pty Ltd. During early 2017, Cashless Pty Ltd has experienced several
episodes of cash flow shortages in its business operations due to suppliers of its raw materials
requiring payment within 7 days of delivery and purchasers of its products delaying payment on
product shipped for up to 2 months. Some of the customers claimed that the products of
Cashless Pty Ltd had quality control faults which were not discoverable until the customers had
individually inspected each item. Thus, customers were delaying payment until such inspection
could be undertaken.
To overcome the quality control problem, Brad had committed Cashless Pty Ltd to the purchase
of $2 million dollars for a new computer automated manufacturing plant. This new plant was
paid for out of the accumulated profits of Cashless Pty Ltd. The company had invested the
accumulated profits in the short-tenn money market. The investment in the new plant had
virtually depleted the accumulated profits and in doing so had removed the company's only
alternate source of funds which Cashless Pty Ltd relied upon when cash flow was tight in its
business.
Brad has just received a letter from the newly appointed liquidator of Cashless Pty Ltd's largest
customer, Broke Ltd, advising that it was highly unlikely that Broke Ltd would be able to pay
Cashless Pty Ltd the $750,000 owed for products delivered by Cashless Pty Ltd to Broke Ltd.
Brad immediately realised that a loss of this magnitude could very possibly mean that Cashless
Pty Ltd might not be able to meet its current financial commitments.
Brad, as the managing director, calls you and seeks your advice on what avenues are available to
the directors of Cashless Pty Ltd in the circumstances they find themselves, assuming that Broke
Ltd's liquidator is correct.
(a) Advise the directors of Cashless Pty Limited, with reference to the facts above, of the
most appropriate form of external administration available to them under the
Corporations Act 2001 (Cth). Discuss the procedure involved in the most appropriate
alternative you identified and, supported with ,????easons, the most probable outcome.
(14 marks)
(b) Assume a creditor of Cashless Pty Ltd has issued a statutory demand against the
company claiming the repayment of an outstanding debt in the sum of $25,000. The
directors dispute the debt and therefore intend to ignore the statutory demand. With
reference to the Corporations Act 2001 (Cth), fully advise the directors of Cashless
Pty Ltd as to their various legal options and the legal consequences, if any, of
ignoring the statutory demand. ( 6 marks)
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