Shareholder loans in dispute at Bill Express
The executive director of failed payments company Bill Express, Julian Little, and his business associates borrowed $3.5 million in 2005 to buy shares in OnQ, the parent company of Bill Express, the Supreme Court of Victoria was told yesterday. The court was told the loan may have been repaid with Bill Express funds. In court proceedings brought by the Bill Express liquidator PPB, Little said his share of the $3.5 million loan from Seiza Capital, now known as Resolute Capital, was about $679,000.Little told the court that he later borrowed the $679,000 from Bill Express' chief executive Ian Christiansen in order to repay Seiza, but that he never repaid the loan to his CEO. He told the court that Christiansen was yet to "call the loan". Counsel for the liquidator, Peter Bick, put to Little that his loan had been repaid from Bill Express funds. Little replied: ''No, I don't believe that is the case.'' Bick then suggested to Little that there was no loan to him from Ian Christiansen at all.Little replied, "That's not correct." However, he did agree that the loan was not documented. The court was told that the Seiza Capital facility was taken out by Little and his brother; fellow Bill Express directors Hal and Ian Christiansen and their brother; and their friends and long-time business associates Sandro and Enzo Di Donato. The $3.5 million Seiza facility was repayable within 12 months. Bick accused Mr Little of giving false answers to the court, before going on to cross examine him about his role in approving loans and payments from Bill Express to the parent company OnQ and a web of private companies owned and controlled by his friends and business associates. Julian Little was a director of both OnQ and Bill Express. Bill Express entered voluntary administration and then liquidation in 2008, owing creditors, including Optus and ANZ Bank $250 million. OnQ is also in liquidation. The court heard that in 2007 the chief financial officer of Bill Express, Mark Lichtenstein, and the then auditors, Pitcher Partners, resigned after allegedly complaining about lack of transparency in the company's financial dealings. The replacement auditors, KPMG, also raised a number of concerns about the structure of the bank accounts and treasury functions of Bill Express, its parent company OnQ and the web of private companies that shared bank accounts, staff, directors and assets with Bill Express. Julian Little also agreed that the replacement CFO for Bill Express, Sean Slattery, also complained that he was largely excluded from managing the Bill Express accounts. In early 2008, while Bill Express was experiencing severe cash flow problems, Julian Little signed off on about $20 million of debt facilities and promissory notes for Bill Express from international business financiers CCH and Deutsche Forfait AG. The court was told that shortly after that finance had been received, about $7 million quickly left the Bill Express bank accounts in a series of large round number payments. In response to questions, Little said he believed the large round number payments out of Bill Express' bank accounts