Investors pump millions of dollars into new business, leaving legal problems with the old one.
REGULATORS have raised questions about the reborn Energy Watch after an investor emerged with the bulk of the assets, leaving the old broking business in the hands of administrators.
Private investors have pumped millions of dollars into a new business called Energy Watch International, leaving existing financial and legal problems in the shell of the old company.
This puts at risk attempts to recoup superannuation and redundancy payments for former staff, although the new owners say staff are more likely to receive money than if Energy Watch had been left to fail.
And the Australian Competition and Consumer Commission, which recently won a case against Energy Watch and former chief executive Ben Polis for false and misleading advertising, now needs the court's permission to pursue penalties.
The barrister for the ACCC, Daniel Star, yesterday said the watchdog did not yet know if the new company was ''100 per cent bona fide'' or a tactic to avoid penalties.
Energy Watch had been stumbling towards liquidation after offensive comments by Mr Polis were made public in early April. IT entrepeneur Danny Wallis emerged last week as the head of a private consortium taking over the company under a new name.
''It would have gone into liquidation had we not pumped money into it in the two-week period,'' he said.
''We have put millions of dollars into this whole structure. A large percentage of that money is going to the administrators to pay out staff claims ? At this point in time I cannot guarantee that [staff] will get all their entitlements.''
Administrators Lawler Draper Dillon did not return calls. A creditors' meeting is due to be held on Tuesday.
Frequently Asked Questions about this Article…
What happened to Energy Watch and why was Energy Watch International created?
Private investors injected millions of dollars into a new business called Energy Watch International after an investor emerged with the bulk of the assets. The move left the old broking business with existing financial and legal problems in the hands of administrators.
Who led the takeover of Energy Watch?
IT entrepreneur Danny Wallis emerged as the head of a private consortium that took over the company and rebranded it as Energy Watch International.
How does the restructure affect former staff entitlements like superannuation and redundancy payments?
The restructure risks attempts to recoup superannuation and redundancy payments from the old company. The new owners say staff are more likely to receive money than if the company had been left to fail, but they cannot guarantee former employees will get all their entitlements.
What legal action has the ACCC taken against Energy Watch and its former CEO Ben Polis?
The Australian Competition and Consumer Commission (ACCC) recently won a case against Energy Watch and former chief executive Ben Polis for false and misleading advertising. Because assets moved to the new business, the ACCC now needs the court's permission to pursue penalties.
Could the creation of Energy Watch International be an attempt to avoid penalties?
ACCC counsel Daniel Star told the court the watchdog does not yet know whether the new company is '100 per cent bona fide' or a tactic to avoid penalties. The matter requires further legal consideration and court permission for penalties to proceed.
Did comments by the former CEO contribute to Energy Watch's financial troubles?
Yes. The article says Energy Watch had been stumbling towards liquidation after offensive comments by former CEO Ben Polis were made public in early April.
What did Danny Wallis say about the money injected and staff claims?
Danny Wallis said private investors put 'millions of dollars' into the structure and that a large percentage of that money is going to the administrators to pay out staff claims. He also said he could not guarantee staff would receive all their entitlements.
What are the immediate next steps involving administrators and creditors?
Administrators Lawler Draper Dillon did not return calls, and a creditors' meeting was scheduled to be held on Tuesday to address outstanding matters.