Failed Queensland caravan maker AOR allegedly traded insolvent since 2023, administrators say

Director pitches $2 million buyout as nearly 50 customers face losing $2.25 million in deposits

By LineZotpaper
Published
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Administrators of failed Queensland caravan manufacturer Australian Off Road (AOR) say the company may have been trading while insolvent since mid-2023 and now owes $14 million, as one of its directors pursues a $2 million plan to buy the business out of administration and restart it without its debts.

In a report to creditors on Tuesday night, administrators DVT McLeods detailed allegations against directors Russell Evans and Steve Budden, including insolvent trading, reckless or intentional dishonesty, failure to act in good faith and improper use of position to gain advantage.

"We have a preliminary view that the company traded whilst insolvent from at least 30 June 2023," the report stated.

AOR shut its doors in September after 26 years on the Sunshine Coast, becoming the second local caravan manufacturer to collapse within a year after Zone RV. Administrators said the creditor bill had grown to $14 million, up from $9 million estimated last month, and that further investigations were required, with results to be reported to the corporate regulator ASIC.

Nearly 50 customers face losing $2.25 million after making progress payments toward caravans that were never built. They include Sandra Muller from the NSW Southern Highlands, who stands to lose $101,000.

Mr Evans is one of two parties offering to purchase the company out of administration. He has pitched to investors seeking $2 million to resurrect AOR in a move that could leave existing customers empty-handed. It is legal for a director to buy and transfer a company's assets into a new business if the sale is approved by creditors.

His proposal offered 20 cents in the dollar for the company's assets, with existing debts not carrying across. In an email seen by the ABC, Mr Evans outlined his vision "to establish a new, financially disciplined premium off-road caravan manufacturing business" with "a clean financial structure" and "a clear pathway to sustainable profitability and growth". He projected annual revenue of $11.3 million with production of 84 caravans, or seven a month.

The company marketed itself as an Australian manufacturer, though supplied images show its factory in China, and AOR had blamed imported Chinese vans for its demise.

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Analysis

Why This Matters

  • Nearly 50 customers who paid progress payments for caravans that were never built face losing a combined $2.25 million, and a director-led buyout could leave them with nothing.
  • The collapse is the second within a year for a Sunshine Coast caravan manufacturer, pointing to strain across the sector.
  • A preliminary finding of insolvent trading since June 2023 could lead to penalties for the directors and a referral to the corporate regulator.

Background

AOR operated for 26 years on the Sunshine Coast before closing in September, the second local caravan maker to fail within a year after Zone RV. It took progress payments from customers for caravans that were never delivered, and its debts have been revised upward from $9 million to $14 million within a month. Under Australian insolvency law, a director can buy a failed company's assets and restart under a new entity if creditors approve, but the old company's debts do not carry over, which is the structure Mr Evans has proposed.

Key Perspectives

Customers: Nearly 50 buyers stand to lose $2.25 million in progress payments. As unsecured creditors they are at the back of the queue, and the proposed sale at 20 cents in the dollar for assets would not restore their deposits.

Director Russell Evans: He argues a resurrection is worthwhile, offering 20 cents in the dollar for assets and projecting $11.3 million in annual revenue from seven caravans a month. His new entity would have "a clean financial structure" and would not inherit the old debts.

Administrators and creditors: DVT McLeods has raised the prospect of insolvent trading from 30 June 2023 and identified potential offences including failure to act in good faith. A second, unnamed party has also bid for the business, and creditors will decide which proposal, if either, proceeds.

What to Watch

  • The creditors' decision on the two purchase proposals and whether any sale includes provision for customers who paid deposits.
  • The result of the administrators' further investigations and whether ASIC takes action against the directors.
  • Whether the creditor bill grows again; it has already risen from $9 million to $14 million in a month.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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