Activ8me intertwined with Bill Express
Satellite internet provider Australian Private Networks, trading as Activ8me, again took centre stage yesterday in the Supreme Court of Victoria proceedings brought by the liquidator of the Bill Express group of companies.APN had a debt factoring arrangement with Bill Express at the time Bill Express went into voluntary administration two years ago, according to lawyers representing the liquidator PPB.ANZ is the primary bank creditor of Bill Express, owed $53 million. Creditor claims in all total $248 million.The court was told that the relationship between the Bill Express group and APN is "complex and intertwined."The liquidator of Bill Express spent most of yesterday attempting to convince the court to widen summonses issued to Sandro DiDonato and Peter Couper.DiDonato is the owner of APN and Peter Couper is now a senior executive at the company.Lawyers representing the liquidator alleged that many of the financial records of Bill Express and its associated companies including Technology Business Systems and the related OnQ group reside on computers now owned and used by APN.The liquidator also believes that many of the books and records relating to the Bill Express group are in the possession of Couper, the former CFO of OnQ, and DiDonato, an associate of Bill Express directors Hal and Ian Christiansen.The liquidator believes that Peter Couper maintained the balance sheet for Bill Express, including all loans made between all the companies associated with Bill Express. The court was told that Couper "despite not being an employee or director of Bill Express" moved millions of dollars between the companies at will.The court was also told that DiDonato apparently has many of the Bill Express books and records stored in boxes at his home.DiDonato has allowed the liquidator to look at some records held on APN computers but has apparently been reluctant to allow the liquidator to make copies of them.Lawyers representing Couper and DiDonato opposed the variance of summons requiring them to produce all books and records. Justice Davies reserved her judgement.