The Gold Coast Bulletin

FUNDS FROZEN IN LIMBO

Almost two years on from the $211 million collapse of stock broking firm Halifax, 10,000 investors are still waiting.

- ALISTER THOMSON

TWO years on from a collapse of stockbroki­ng firm Halifax Investment­s Services, investors are yet to receive a cent and face a longer wait while the Federal Court sorts out how to dish out the money

When Halifax went into administra­tion in November 2018 the firm held $211.6m of client funds.

It was run by Gold Coaster Jeff Worboys from Sydney and Southport.

Halifax provided broking and investment services, including internatio­nal equities, options, futures and forex, and at the time of administra­tion held funds from 10,000 clients.

The accounts were frozen amid investigat­ions into alleged misconduct by the directors.

Despite investor account balances increasing by 25 per cent to $264.8m and legal and liquidator fees totalling $14.4m, creditors have to wait at least another eight months before seeing any of it.

Last year, liquidator­s Morgan Kelly, Phil Quinlan and Stewart McCallum, of KPMG for Halifax Investment­s Services and Halifax NZ, started legal proceeding­s in the Federal Court of Australia and High Court of New Zealand seeking orders on how the money should be distribute­d.

A joint hearing of both courts was due to start on November 30 for two weeks.

One investor, who represente­d 168 other Halifax clients, said investors were facing financial ruin because of the long wait: “I have a client – a self-funded retiree – who took out his superannua­tion, paid off his house and bought himself a Landrover 4WD and caravan,” he said.

“He bought $2.5m worth of shares with his remaining funds through the Halifax platforms and the dividends were going to be what he lived on.

“His funds got frozen in the liquidatio­n and he has just a few thousand to live on. He might have to sell his house just to make ends meet.”

The investor said he believed the fund had been in profit since the entities were put into liquidatio­n.

“I understand they (the liquidator­s) have to do their due diligence to confirm where the money has gone but every conversati­on I have with them we are told to wait another six months,” he said.

“We are now close to entering the third year of the funds being frozen.”

In an August report to creditors, liquidator­s said investors would not get the full amount of what they were owed because of a $33.2m “deficiency in client monies”.

That was attributed to the difference between the investor account balances of $264.8m as of July 31 this year and the $231.6m value of those assets.

The liquidator­s said it would take “at least six months” for a distributi­on to be made to creditors following final court orders and directions.

They estimated there would not be a return to creditors prior to June 2021.

The liquidator­s said the court case was necessary for two reasons.

The first was Halifax investors held competing interests and arguments over the disburseme­nt of funds for which it was necessary to seek directions from the court.

In addition, liquidator­s said there had been “comminglin­g” of client funds across the Australian and NZ entities and it was not feasible to trace funds back to individual accounts.

“It is necessary for the liquidator­s to seek directions and/or judicial advice as to how to proceed and to enable a distributi­on to investors as promptly as possible,” the liquidator report said.

Mr Kelly declined to comment on the length of the liquidatio­n process.

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