20 July 2017
Mr Jason Simpson
Level 5, 100 Market Street,
Sydney NSW 2000
By email: [FOI #3680 email]
GPO Box 9827, Sydney NSW 2001
Dear Mr Simpson,
DX 653 Sydney
3D Group Pty Ltd (Company)
I refer to your email to ASIC dated 28 June 2017 seeking information under the Freedom of
Information Act 1982
I understand that you have been dealing with Ms
Patricia Hu of ASIC with regard to your FOI Request.
In your email, you raised an issue with regard to the conduct of Mr Domenic Calabretta of
Mackay Goodwin, the former administrator of the Company. In particular, you stated that the
Company's Westpac account had $280,499.43 at the date of Mr Calabretta's appointment,
but Mr Calabretta's report to creditors stated that he received $248,504.15 from the
Company's Westpac account. You are particularly concerned regarding the missing funds of
$31,995.28 (Your Concern
As indicated by Ms Hu to you on 6 July 2017, we said we would look into Your Concern
separate to your FOI Request.
We have reviewed documents available to ASIC, including a copy of the Westpac bank
account statements for the Company for the period 12 December 2014 to 24 December
2014 and the period 2 January 2015 to 30 January 2015 (Statements
). You have advised
that you have copies of the Company's Westpac bank statements.
The Statements disclosed the closing balance as at 24 December 2014, the date of Mr
Calabretta's appointment, was $248,533.40. The Statement record two payments
accounting for the difference between the opening and closing balance for the period 12
December 2014 to 24 December 2014. The Statements also disclose payments for banking
related costs for the period 2 January 2015 to 30 January 2015 save for $10. The amount
withdrawn from the Westpac bank account is consistent with Mr Calabretta's disclosure to
creditors in his report save for $10.
Based on the information set out above, ASIC is satisfied that the Statements sufficiently
explain the difference from the Company's Westpac bank account.
Insolvency Practitioners Stakeholder Team