Peter Krejci.
The imbroglio that is ENA Development Pty Ltd (ENA) in liquidation and receivers appointed continues to entertain with the latest twist involving a veteran practitioner opining about solvency.
iNO has already reported on this ongoing brawl between BRI Ferrier NSW partner Peter Krejci and former ENA director and ex-shareholder Robert Sebie over whether various assets belonged to ENA or were under the control of One T Development Pty Ltd (One T), which purportedly replaced ENA as trustee of the ENA Development Trust the moment a court ordered ENA by wound up and Krejci appointed liquidator back on January 27 this year. Krejci was appointed receiver/manager of the assets of the trust the following month.
Putting aside the tantalising fact that Krejci and Sebie were once neighbours in suburban Chiswick and that Sebie alleges that Krejci has conspired with the man who bought Sebie’s house which Krejci of course denies, those proceedings were heard in the NSW Supreme Court and related proceedings persist there.
More recently however the dispute about Krejci’s appointments and ENA’s solvency has spilled into the Federal Court with One T sole director Ronald Jemmott seeking orders to have the winding up of ENA terminated and Krejcvi removed.
As Federal Court judge Brigitte Markovic heard yesterday, Jemmott also wants orders carving out monies in Krejci’s control which he told the court was required to pay legal bills and the return of unspecified items, presumably in the receiver’s possession though Krejci told us yesterday he had the books and records of ENA and that’s it.
Also dialled in to the court’s virtual hearing system was Robert Sebie and whilst it was unclear to your correspondent if he had standing to be heard he nonetheless spoke, telling her honour that he was a “beneficiary” of the assets and that he wanted the winding up terminated because ENA is solvent.
He told her honour of a solvency report, suggesting it could be filed today and referred to KPMG special advisor Max Donnelly in the context of authorship.
The reference to Donnelly as the possible author of a solvency report being prepared to support moves to have the winding up terminated and Krejci removed prompted iNO to contact the insolvency veteran.
In a text exchange Donnelly confirmed he had viewed balance sheets provided to him by Sebie and that based on the information they contained ENA was solvent.
He also confirmed that while Sebie had asked him to produce a written solvency report, he had not done so and that as far as he was concerned, he had not been engaged to produce a written report.
If such a solvency report materialises it’ll need to be soon as Krejci is pushing to have the Federal Court proceedings transferred to the NSW Supreme Court.
Jemmott opposes a transfer but has less than a week to prepare. Krejci’s application is to be heard by Federal Court duty judge John Halley on September 21.
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