Capital + Merchant investors’ only avenue for recovery through claims
Second receiver Grant Graham of KordaMentha said "it is likely the only potential recovery for investors" will be through this kind of action, in his latest six-monthly report.
Capital + Merchant Finance and Capital + Merchant Investments still owe prior ranked creditor Fortress Credit some $19.6 million of a total $61.4 million, and first receiver Richard Simpson and Tim Downes of Grant Thornton doubt the lender will be repaid in full, though they expect the $2.3 million owed by CMF will be repaid.
Grant Thornton estimates that if Fortress had equal ranking with debenture holders, investors would have received 26 cents in the dollar on their principal.
Capital + Merchant's directors face criminal charges from the Securities Commission over related party lending and loan management, though their case was rescheduled recently due to the sitting judge feeling unwell.
Grant Thornton said it is pursuing claims on the Lloyds insurance policy on eight loans, one of which has been rejected, though it cannot estimate how much it may recover.