Investors in the collapsed Banksia Securities stand to benefit financially if a recently launched class action against the collapsed firm is successful.DARREN LINTON January 9, 2013 4:20am
All Banksia investors are part of the class action lodged with the Victorian Supreme Court.
Commercial lawyer Rob Crowe from Riordan Legal in Shepparton is acting for lead plaintiff Laurence Bolitho.
But Mr Crowe said all 16
‘‘I reckon it is a very strong case,’’ Mr Crowe said.
A writ for the group action was filed in the Victorian Supreme Court on Christmas Eve.
The writ alleges Banksia Securities and Cherry Fund were not run in a proper and efficient manner.
The action also names as a defendant the Sydney-based The Trust Company.
It is accused of failure to adequately supervise and investigate the financial position and viability of Banksia Securities and Cherry Fund.
The auditor of the failed companies, RSD Chartered Accountants of Bendigo, is also being pursued for failure to adequately audit the books or report any breaches of law to the Australian Securities and Investment Commission.
Five directors are alleged to have failed to adequately manage the financial position and viability of the two companies and protect the interests of investors.
The directors are Geoffrey Grenville Skewes, of Warrnambool, Patrick John Godfrey, of Kyabram, Nicholas Livingston Carr, of Geelong, Neil Stewart Mathison, of Geelong, and Peter William Keating, of Melbourne.
The class action will be run by leading Melbourne barrister Norman O’Bryan, a senior counsel with extensive experience in commercial law.
Mr Crowe said the Melbourne legal team now had the full list of debenture holders and investors could expect to receive a letter next month outlining the case.
‘‘There is a huge amount of leg work, the discovery will be huge,’’ Mr Crowe said.
Mr Crowe said it was important for debenture holders to understand they were not exposed to further financial loss by being a part of the group action.
‘‘If this action were unsuccessful there is no possibility of a cost order being made against any plaintiff other than Laurie Bolithio,’’ he said. ‘‘If the action fails they are no worse off, but if it succeeds they will share on a pro-rata basis the funds recovered.’’
Before mediation or trial takes place, debenture holders will be given an opportunity to opt out of the case.
Mr Crowe said he expected the case could reach court-ordered mediation by early next year, but if it went to trial, it would be 18 months away.
A website is also being established to keep Banksia investors informed.
Much like the 16-year-old teenager who outgrows their childhood bedroom, it’s time for Kyabram Fauna Park’s saltwater crocodile Getcha to upgrade to a larger enclosure.
Dawn Tabor 10 January 1944 – 10 September 2016
The Aboriginal and wider community is mourning the death of revered Bangerang Aboriginal elder, Uncle John ‘‘Sandy’’ Atkinson.
MELINDA Gates once said ‘‘a woman with a voice is, by definition, a strong woman’’.
OUR Lady of the Sacred Heart Elmore was a sea of colour earlier this month for Footy Colours Day.
THERE were picnics galore at St Augustine’s College recently as the school celebrated St Augustine’s Day with a whole college mass and a community picnic on the school oval.
Seymour A and B-grade in season decider
Extensive rainfall in the Southern Riverina is having a negative impact on farming.
IT’S JUST over two years since Melbourne-born Elizabeth Carr decided to make a tree change and move to Redesdale.
Former Moira Shire mayor Marie Martin will be running in the upcoming council election.
Nick Caruso will compete in tumbling at the National Clubs Championships in Bendigo tomorrow.
Tuesday, August 16
The News magazines are online - read high quality magazines in your time. Check in regularly for the latest editions.
Riverine Herald's well regarded locally produced magazines. They're now online, so you can read them whenever and wherever you like.
Search for published and unpublished photos from McPherson Media Group newspapers and magazines. All our photos are available to purchase.
Place an advertisement in any one of McPherson Media Group's local newspapers.