Handling of replacement resolution may be challenged

A liquidator who favoured a pair of proofs over a lone vote with majority in value may still be ousted if the unsuccessful creditor, who’s claiming $600,000, heads to court.

The stoush involves Jones Partners’ Daniel Soire, who was appointed liquidator of Technology Solutions Experts Pty Ltd via creditors voluntary on April 17 this year.

At a meeting convened on June 17 the vote to replace Soire was defeated because two creditors – whose combined proofs totalled $25,980.59c – defeated the resolution’s lone supporter and meeting petitioner Print Management Facilities Australia Pty Ltd (PMFA).

Given the minority in number was by far the majority in value Soire had the opportunity to utilise his casting vote as meeting chairman to break the deadlock but declined to so.

The meeting Minutes record that Soire said no conflict had been identified, that appointing a replacement would lead to the incurring of unnecessary costs and that he had an obligation to investigate and report to ASIC.

Soire’s DIRRI in this matter is interesting. The referrer was one Anthony Maklouf, who was also one of the two creditors at the June 17 meeting voting against Soire’s removal.

Maklouf is also the husband of the company’s sole director, Ms Roula Haidar and while the DIRRI refers to “advisors” they are not identified.

Just as interesting is Soire’s distillation of Ms Haidar’s RoCAP, contained in a Circular to Creditors dated May 6, 2025.

In it Soire refers to a debtor and former employee of the company by the name of Erkan Muhittin who coincidentally owes $600,000.

“It is understood that this amount relates to a cross-claim arising from a Deed of Settlement entered
into on 12 December 2024 between Print Management Facilities Australia Pty Ltd (PMFA), the
Company, Mr Muhittin, and the Director,” Soire said.

“This matter is currently the subject of ongoing litigation. However, the claim appears to overlap with the creditor claim lodged by PMFA in the liquidation.” You don’t say!