Australian Securities and Investments Commission

I'm seeking access to the following: • Provisional liquidator and liquidator reports for M101 Nominees Pty Ltd. These are referenced in the below cases: o Australian Securities and Investments…

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I'm seeking access to the following: • Provisional liquidator and liquidator reports for M101 Nominees Pty Ltd. These are referenced in the below cases: o Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354 [overturned on appeal, but large sections of the provisional liquidator’s report are extracted] o Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 8) [2025] FCA 741 [Mawhinney remitter judgment dealing with aspects of liquidator’s supplementary report] • Grant Thornton's provision liquidator report

FOI 2627-026 Date not published 1 page ZIP archive

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The document is the Provisional Liquidators' Report on M101 Nominees Pty Ltd (Provisional Liquidators Appointed), dated 24 September 2020, prepared under a Federal Court order of 13 August 2020 in proceeding VID524/2020. It concerns a company that raised about $65.6 million from "M Core" fixed-income investors, advertised as backed by dollar-for-dollar security, but which in substance lent most of the funds on an unsecured 10-year basis to related entity Eleuthera Group Pty Ltd. The report finds the realisable value of the company's assets to be nil, that the company was insolvent from inception, and that noteholders would likely receive no return in a winding up. It identifies probable contraventions by the company and its director, James Mawhinney, mainly under sections 180 and 1041H of the Corporations Act 2001, and examines sections 588G and 588FDB. The report also records that Security Trustee PAG Holdings failed to take effective security. No penalty or enforcement outcome is recorded in this excerpt.

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