just recd this email dated yesterday. Must have been on their email list
5 March 2020
FLY365 PTY LTD (In Liquidation)
ACN 606 601 521
Formerly Trading As Fly365.Com
("the Company")
Frequently Asked Questions
On 21 February 2020, Mr Nicarson Natkunarajah of Roger and Carson Pty Limited was appointed Liquidator of the Company. On 2 March 2020, Vincent Pirina and I of Veritas Advisory were appointed as additional liquidators to assist with the liquidation of the Company.
We are dealing with a substantial number of customer queries and your patience is appreciated whilst we conduct our investigations into the affairs of the Company.
If you would like to receive notices and documents in relation to the liquidation, please nominate an email address to which notices and documents can be sent to you by sending an email to
[email protected] <
mailto:[email protected]> .
Summarised below are a number of frequently asked questions we are currently receiving regarding the administration of the Company.
Question
Answer
I wish to obtain a copy of the Liquidators’ reports/circular to creditors, where can I obtain a copy?
We have created a landing page on our website which we will use as a platform to upload all our reports/circulars in relation to this matter, which can be assessed from:
Veritas Advisory - Fly365 Pty Ltd ACN 606 601 521 (In Liquidation) <
Veritas Advisory - Fly365 Pty Ltd ACN 606 601 521 (In Liquidation)>
What date did the Company cease trading?
The Company ceased trading on or around 21 February 2020.
My flight has been booked and I have received my flight ticket?
You should contact the airline to confirm your booking prior to travel.
My flight has been booked but I have not received my flight ticket?
You should contact the airline to confirm your booking. In the event that your flight is not confirmed you should contact your travel insurance provider (if applicable) or your credit card provider (if applicable) and request a refund. If you do not receive a refund you may rank as an unsecured creditor of the Company and should complete the attached Proof of Debt form and return it to our office at
[email protected] <
mailto:[email protected]> .
My flight has been booked, paid for, I have not received my ticket and I have not received a refund?
You may be a creditor of the Company. You should complete the attached Proof of Debt form, together with supporting documentation to evidence your debt and return it to our office at
[email protected] <
mailto:[email protected]> .
My airline has advised that my ticket has been cancelled, did the Liquidators request the airline to cancel my ticket?
The Liquidators have not advised any airline to cancel any tickets. If this has occurred you may rank as a creditor of the Company. In the event that you are a creditor of the company please complete the attached proof of debt form and email it to our office at
[email protected] <
mailto:[email protected]> .
My travel insurer and / or my financial institution have provided me with a full refund?
You should advise our office at
[email protected] <
mailto:[email protected]> that you are no longer a creditor of the Company and request that you be removed from the creditors listing.
My tickets have been cancelled are you able to reinstate my tickets?
No, the Liquidators are unable to reinstate your tickets.
Will the Liquidators refund or honour my ticket?
The Liquidators are unable to refund or honour any tickets which have not been honoured by the airlines.
Can the Liquidators confirm my booking?
No, you should contact the airline directly.
Can the Liquidators make any changes to my booking?
No, the Liquidators are unable to make any changes to bookings. You should contact the airline directly.
Should I cancel my flight, will I receive a refund?
No, funds are not able to be refunded.
Can you assist me with claiming a refund back from my travel insurer and / or financial institution?
No, you will need to arrange your own refund.
I have lodged a Proof of Debt Form, when am I likely to receive a dividend?
Any return to creditors is dependent upon any funds recovered by us. We are currently without any funds in the liquidation. We will notify you in writing should we recover sufficient funds to enable a payment of a dividend distribution to creditors.
I have been provided with a copy of your report to creditors but the amount recorded as owing to me is incorrect?
The amount owing to you is either provided by the Directors and / or obtained from the available books and records of the Company. In the event of any discrepancy you should lodge a Proof of Debt form at
[email protected] <
mailto:[email protected]> .
FORM 535
CORPORATIONS ACT 2001
Subregulation 5.6.49(2)
ACN 606 601 521
FORMAL PROOF OF DEBT OR CLAIM (GENERAL FORM)
To the Joint and Several Liquidators of Fly365 Pty Ltd (In Liquidation)
1.This is to state that the company was, on 21 February 2020 (1) and still is, justly and truly indebted to(2) (full name):
(‘Creditor’)
of (full address)
for $.................................................................................... dollars and......................................................... cents.
Particulars of the debt are:
Date
Consideration(3)
state how the debt arose
Amount $
GST included $
Remarks(4)
include details of voucher substantiating payment
2.To my knowledge or belief the creditor has not, nor has any person by the creditor's order, had or received any manner of satisfaction or security for the sum or any part of it except for the following: ................................................................................
Insert particulars of all securities held. Where the securities are on the property of the company, assess the value of those securities. If any bills or other negotiable securities are held, specify them in a schedule in the following form:
Date
Drawer
Acceptor
Amount $ c
Due Date
I am not a related creditor of the Company (5)
I am a related creditor of the Company (5) relationship:_______________________________________________
If the form is being used for the purpose of voting at a meeting:
Is the debt you are claiming assigned to you?
No
Yes
If yes, attach written evidence of the debt, the assignment and consideration given.
Attached
If yes, what value of consideration did you give for the assignment (eg, what amount did you pay for the debt?)
$
3A.(6)* I am employed by the creditor and authorised in writing by the creditor to make this statement.I know that the debt was incurred for the consideration stated and that the debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.
3B.(6)* I am the creditor's agent authorised to make this statement in writing. I know that the debt was incurred and for the consideration stated and that the debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.
DATED this day of 2020
Signature of Signatory...................................................................................................................................................................
NAME IN BLOCK LETTERS........................................................................................................................................................
Occupation....................................................................................................................................................................................
Address.........................................................................................................................................................................................
See Directions overleaf for the completion of this form
OFFICE USE ONLY
POD No:
ADMIT (Voting / Dividend) - Ordinary
$
Date Received:
/ /
ADMIT (Voting / Dividend) – Preferential
$
Entered into CORE IPS:
Reject (Voting / Dividend)
$
Amount per ROCAP
$
Object or H/Over for Consideration
$
Reason for Admitting / Rejection
PREP BY/AUTHORISED
TOTAL PROOF
$
DATE AUTHORISED / /
Proof of Debt Form Directions
* Strike out whichever is inapplicable.
(1) Insert date of Court Order in winding up by the Court, or date of resolution to wind up, if a voluntary winding up.
(2) Insert full name and address (including ABN) of the creditor and, if applicable, the creditor's partners. If prepared by an employee or agent of the creditor, also insert a description of the occupation of the creditor.
(3) Under "Consideration" state how the debt arose, for example "goods sold and delivered to the company between the dates of .....................................................", "moneys advanced in respect of the Bill of Exchange".
(4) Under "Remarks" include details of vouchers substantiating payment.
(5) Related Party / Entity: Director, relative of Director, related company, beneficiary of a related trust.
(6) If the Creditor is a natural person and this proof is made by the Creditor personally. In other cases, if, for example, you are the director of a corporate Creditor or the solicitor or accountant of the Creditor, you sign this form as the Creditor’s authorised agent (delete item 3A). If you are an authorised employee of the Creditor (credit manager etc), delete item 3B.
Annexures
A. If space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, the information must be set out in an annexure.
B. An annexure to a form must:
* have an identifying mark;
* and be endorsed with the words:
i. "This is the annexure of (insert number of pages) pages marked (insert an identifying mark) referred to in the (insert description of form) signed by me/us and dated (insert date of signing); and
* be signed by each person signing the form to which the document is annexed.
C. The pages in an annexure must be numbered consecutively.
D. If a form has a document annexed the following particulars of the annexure must be written on the form:
* the identifying mark; and
* the number of pages.
E. A reference to an annexure includes a document that is with a form.