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Timbercorp investors face $470m repayment bill over loans

Investors in failed forestry scheme Timbercorp could be forced to repay more than $470 million in outstanding loans to liquidators after the Victorian Supreme Court threw out an appeal by one of the investors.
By · 11 Oct 2013
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11 Oct 2013
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Investors in failed forestry scheme Timbercorp could be forced to repay more than $470 million in outstanding loans to liquidators after the Victorian Supreme Court threw out an appeal by one of the investors.

Allen Rodney Woodcroft-Brown led the class action against Timbercorp to recover more than $300 million from its finance arm, Timbercorp Finance.

But the Court of Appeal on Thursday upheld an earlier ruling by the trial judge, dismissing claims that Timbercorp directors had failed to disclose significant risks to investors relating to the scheme. Ron Willemsen, who represented Mr Woodcroft-Brown in the Supreme Court, said the investor group was considering an appeal to the High Court.

He said Mr Woodcroft could be forced to pay for the cost of the trial and appeal, but that the cost was so far undetermined.

Timbercorp collapsed in 2009, just after the financial crisis. As a result, the managed investment schemes could not be carried out, meaning the investments were of limited or no value.

After the collapse, liquidators have tried to recover some of the funds lent to 14,500 investors through recovery actions.

The money was lent to the group to fund investments in Timbercorp’s forestry managed investment schemes.

Mr Woodcroft-Brown alleged Timbercorp failed to disclose the risk associated with its financial structure and the fact that the group could fail because of insufficient cash.
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Frequently Asked Questions about this Article…

Investors in failed forestry scheme Timbercorp could be forced to repay more than $470 million in outstanding loans to the company's liquidators after the Victorian Supreme Court dismissed an appeal by one investor.

Allen Rodney Woodcroft-Brown led a class action seeking to recover more than $300 million from Timbercorp's finance arm, Timbercorp Finance, on behalf of affected investors.

The Court of Appeal upheld an earlier trial judge’s ruling and dismissed claims that Timbercorp directors failed to disclose significant risks to investors relating to the forestry schemes.

Yes. Ron Willemsen, who represented the lead investor, said the investor group was considering an appeal to the High Court following the Court of Appeal’s decision.

According to the investor’s representative, Mr Woodcroft-Brown could be forced to pay the costs of the trial and appeal, but the total cost exposure remained undetermined at the time of the report.

Timbercorp collapsed in 2009 just after the global financial crisis. As a result, its managed investment schemes could not be carried out, leaving many investments of limited or no value.

After the collapse, liquidators attempted to recover funds lent to investors through recovery actions. Those actions sought to reclaim some of the money lent to about 14,500 investors to fund investments in Timbercorp’s forestry managed investment schemes.

Mr Woodcroft-Brown alleged Timbercorp failed to disclose risks tied to its financial structure and that the group could fail because it did not have sufficient cash — claims the courts have so far dismissed.