Kleenmaid liquidators reassure customers that there has been no transfer of their personal details or the Kleenmaid brand
Joint liquidators demand DGH and Compass discontinue use of the customer database and return it to the liquidatorsDOWNLOAD
Joint Liquidator of Kleenmaid Group and Deloitte Partner, Richard Hughes today confirmed that neither the Kleenmaid brand nor any customer data has been sold by the Liquidators, or in fact transferred at all.
However, the Liquidator confirmed that the fixed and floating charge that was previously held by GE Commercial Corporation Australia (GE) over Orchard KM Pty Limited (Orchard) had been assigned to DGH Holdings Pty Ltd (DGH) on 7 August.
Joint Liquidator and Deloitte Partner, Richard Hughes said: “A charge is a security over certain assets, in the same way that a house is often used as the security for a residential mortgage. A bank holding a mortgage does not own the subject property, and similarly, DGH’s charges over Orchard do not equate to ownership of Orchard’s assets which include the Kleenmaid brand.”
Mr Hughes confirmed: “The assets that are covered by the fixed and floating charge include the intellectual property of Kleenmaid Group such as the Kleenmaid brand name. I want to be absolutely clear on this – the assets remain the property of Orchard irrespective of who owns the charge.”
GE was not required to and did not request the consent of the Liquidators to the assignment of the charge.
Orchard assets remain with Kleenmaid
“In order to obtain ownership and/or control of these assets, DGH would need to appoint a controller or receiver or foreclose on Orchard. There are important legal steps that a person holding a charge is required to take to acquire or control charged property, and are legislated to protect the other secured and unsecured creditors of Orchard. As far as we are aware, these steps have not been taken.”
“I also know a number of Kleenmaid customers have been contacted by a company claiming to be the new Kleenmaid offering discounts on replacement products.”
“DGH and/or Compass Capital Partners have stated to these customers that they own the customer database. We have sought legal advice on this issue. It is clear that the customer database is owned by other entities in the Kleenmaid group. Accordingly, we have today written to both DGH and Compass demanding that they discontinue use of the database, deliver it to the Liquidators and destroy all copies.”
“I want to reiterate that we have not sold the Kleenmaid brand name or the customer database, nor allowed their use. We are currently investigating how the database has been acquired.”
Australian Securities & Investment Commission
“The Australian Securities & Investment Commission (ASIC) has been kept fully informed of these latest developments.”
4pm, 9 April 2009 – Voluntary Administrators John Greig, Richard Hughes and David Lombe appointed to Kleenmaid Group. All 150 staff terminated upon appointment and five Kleenmaid owned shops closed, some franchisees continue to sell floor stock but no new orders are made from suppliers by the Administrators.
20 April 2009 – Administrator John Greig confirms that based on Kleenmaid terms of conditions customers who have paid for new Kleenmaid appliances will not be receiving any goods as ownership of the goods does not pass to customers until they have been paid for in full and have been delivered to the customer.
Warehouse provider, DB Schenker confirms it is owed $2.1m and have claimed a ‘warehouseman’s lien’ over the $2.9m worth of stock held by them. Mr Greig confirms that even after satisfying the warehouse providers claim there will be little if any stock available to satisfy the secured and unsecured customer claims, estimated at $27.6m and $27m respectively.
23 April 2009 – Creditors meeting held in Brisbane where Mr Greig confirms that the available assets of the Kleenmaid Group will not provide any return to unsecured creditors.
25 May 2009 – 2nd creditors meeting held in Brisbane and creditors agreed to wind up and liquidate the Kleenmaid Group.
18 June 2009 – DB Schenker releases lien on Kleenmaid stock and auction begins through Grays Online
24 June 2009 – EDIS Pty Ltd sold to Stokes and Kleenmaid Customer Solutions sold to Aussie Whitegoods Rescue
31 July 2009 – Liquidation of remaining Kleenmaid stock begins through www.Graysonline.com
7 August 2009 - Fixed and floating charge previously held by GE Commercial Corporation Australia over Orchard KM Pty Limited assigned to DGH Holdings Pty Ltd
31 August 2009 – Joint Liquidators write to DGH and Compass demanding they stop using the customer database