Sunfruit Group – Receivers/Administrators

03 November 2020

BDO Partners Andrew Bethell and Andrew McKay were appointed as Receivers/Administrators of the Sunfruit Group (see below for the respective companies this involves).

SUNFRUIT ORCHARDS LIMITED (IN LIQUIDATION)
Company No:1360362

(“the Company”)

NOTICE OF APPOINTMENT OF LIQUIDATORS
AND
NOTICE TO CREDITORS TO CLAIM

Pursuant to Section 255(2)(a) and
Liquidation Regulation 12 of the Companies Act 1993

Andrew McKay and Andrew Bethell, both Chartered Accountants and Licensed Insolvency Practitioners of BDO Auckland, were appointed joint and several liquidators of the Company at a watershed meeting by a resolution of the creditors on the 30th day of October 2020 at 11.30 am pursuant to 241(2)(d) of the Companies Act 1993 (“the Act”).

NOTICE is hereby given that as joint and several liquidators of the Company, we fix the 20th day of November 2020, as the day on or before which the creditors of the Company are to make their claims, and to establish any priority their claims may have under Section 312 of the Companies Act 1993 (as amended) or to be excluded from the benefit of any distribution made before the debts are claimed, or as the case may be, from objecting to the distribution.

Creditors and shareholders may direct enquiries during normal business hours to:

BDO Auckland
PO Box 2219
AUCKLAND 1140
Telephone 09 379 2950
Email [email protected]

DATED this 3rd day of November 2020.

Andrew McKay
Liquidator

Sunfruit - Public Notice

21 October 2020

SUNFRUIT ORCHARDS LIMITED (ADMINISTRATORS APPOINTED)
Company Number: 1360362
(“the Company”)

NOTICE OF THE WATERSHED MEETING
PURSUANT TO SECTIONS 239AT AND 239AU(1)(a) OF THE COMPANIES ACT 1993 (the "Act")

Andrew Bethell and Andrew McKay both Chartered Accountants and RITANZ Accredited Insolvency Practitioners of BDO Auckland were appointed joint and several administrators of the Company on 20 December 2019.

Notice is hereby given that the watershed meeting of the creditors of the Company, to decide the future of the Company, will be held on Friday, 30 October 2020 at 11.00am at The Magdalinos Room, Havelock North Function Centre, 30 Te Mata Road, Havelock North, Hawkes Bay 4130.

AGENDA

To consider the administrators’ report and opinion about the Company’s business, property, affairs and financial circumstances.
For the creditors of the Company to consider and vote on whether the Company should be placed into liquidation or whether the administration should end for the Company.
Any other business that may lawfully be brought forward.

A Deed of Company Arrangement (DOCA) has not been submitted to or proposed by the administrators and unless a DOCA is proposed at the watershed meeting, this option does not need to be voted on. In the event a DOCA is proposed at the watershed meeting, creditors will need to be present or have a proxy in attendance to vote on a resolution related to such a DOCA.

Accordingly the resolutions to be voted on by the creditors of the Company are as follows:

Resultion 1 It is resolved that the Company be placed into liquidation.

Resolution 2 It is resolved that the administration end and control of the Company be returned to its director.

Creditors may exercise their right to vote by being present in person, or by appointing a proxy or by postal vote. Postal votes and proxies must be received no later than 5.00pm on 27 October 2020. Halen Botha, BDO Auckland, PO Box 2219, Auckland 1140, is authorised to receive and count postal votes in relation to the watershed meeting of the Company.

Sunfruit Orchards Limited Notice of Watershed Meeting

27 April 2020

Due to the circumstances arising from the COVID-19 pandemic, the Administrators applied to the High Court for an extension to the convening period in respect of Sunfruit Orchards Limited (Administrators Appointed). A similar extension was sought in relation to the employee liability period and lease liability period. The extensions have been granted by the High Court to 28 October 2020. Please see below for the sealed court orders to this effect. This means that the Watershed Meeting is now required to be held on or before 4 November 2020, being 5 working days from 28 October 2020. If a successful outcome can be achieved earlier than 28 October 2020, the Administrators will likely call the Watershed Meeting at an earlier date (on notice to all creditors).

Similarly, the Receivers applied to the High Court for an extension to the employee liability period to 28 October 2020 for the relevant companies in Receivership. This extension has also been granted by the High Court. Please see below for the sealed court orders to this effect.

Court Orders

As an essential business, The Receivers/Administrators continue to trade the Sunfruit Group over this period.

Should you have any queries, please direct them to [email protected] or [email protected] for the respective entity.

Sunfruit Group – Receivers/Administrators

24 January 2020

BDO Partners Andrew Bethell and Andrew McKay have been appointed joint and several receivers and managers for the following companies:

Sunfruit Pack and Cool (Hawkes Bay) Limited (In Receivership)
Pickmee Fruit Company Limited (In Receivership)
Pacific Pack and Cool Limited (In Receivership)
Sunfruit Pack and Cool Limited (In Receivership)
Fruition Properties Limited (In Receivership)
Everwondered Limited (In Receivership)

The above named Companies, and Sunfruit Orchards Limited (Administrators Appointed) to which Mr Bethell and Mr McKay were appointed as joint and several administrators on 20 December 2019, collectively the “Sunfruit Group”, will continue to trade.

The Sunfruit Group currently employs approximately 230 people across the Waikato and Hawkes Bay regions. It is the intention of the Receivers and Administrators to carry on with business as normal, including harvesting the apple crop, processing and packing for sale. This is likely to require more staff going forward.

The Receivers and Administrators will be commencing a sale process for the Sunfruit Group shortly and interested parties are requested to contact us directly.

The Receivers’ address is:

Sunfruit Pack and Cool (Hawkes Bay) Limited (In Receivership), or

Pickmee Fruit Company Limited (In Receivership), or

Pacific Pack and Cool Limited (In Receivership), or

Sunfruit Pack and Cool Limited (In Receivership), or

Fruition Properties Limited (In Receivership), or

Everwondered Limited (In Receivership).

BDO Auckland
P O Box 2219
Auckland 1140
[email protected]

BDO appointed as administrators for Sunfruit Orchards Limited

19 December 2019

BDO Partners Andrew Bethell and Andrew McKay have been appointed joint and several administrators for the Sunfruit Orchards Limited.

The purpose of the Voluntary Administration is to actively engage with creditors, staff and other stakeholders to achieve a result which provides a better outcome for creditors than other formal processes. The Administrators will continue to operate the orchards throughout the Administration while the Administrators assess the position to seek a solution that benefits creditors, staff, and other stakeholders.

Sunfruit Orchards Limited currently employs approximately 160 staff on orchards in the Waikato and Hawkes Bay regions and the Administrators will be meeting with staff as a priority.

The Administrators will hold a meeting with creditors within eight working days in Hastings. Creditors will be advised directly of these meetings, through public notices and on BDO’s website.

The Administrators will focus on their engagement with affected stakeholders and do not intend to make further comment until after the above creditor meetings.

The Administrators’ address is:

Sunfruit Orchards Limited
BDO Auckland
P O Box 2219
Auckland 1140
[email protected]