Townsville Bulletin

Virgin Australia in class action

- ROBYN IRONSIDE

FORMER Virgin Australia bondholder­s have accused the airline, its former chief executive Paul Scurrah and former chairman Elizabeth Bryan of omitting financial informatio­n from a 2019 prospectus.

London firm Balance Legal Capital is funding a class action filed on behalf of the bondholder­s in the Federal Court of New South Wales.

The action accuses Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising to fund the $700m acquisitio­n of the Velocity frequent flyer program.

Investors were invited to buy unsecured notes at a cost of $100 each, with a minimum spend of $5000.

The prospectus pointed out Virgin Australia had incurred losses over the past three financial years and outlined measures being undertaken to return to profitabil­ity.

These included an organisati­onal restructur­e and costcuttin­g to slash $75m a year, and a supplier review aimed at saving $50m a year.

Less than six months after the capital raising and with the Covid pandemic erupting, Virgin Australia filed for administra­tion with debts over $7bn.

Bain Capital came to the rescue, paying $3.5bn for the airline in a deal that saw the 6500 bond holders receive between 9 and 13 cents in the dollar for their investment.

The lawsuit alleges key financial informatio­n was omitted from the prospectus, including the debt available after the transactio­n and Virgin’s ability to meet its loan duties.

The Matheson Property Group led by Dr Daniel Fleming is the leading party of the

class action which aims to recover millions of dollars invested by bondholder­s.

“We understand that the proceeding­s relate to a prospectus issued in 2019, prior to the company entering and subsequent­ly exiting voluntary administra­tion as a privately owned company with new owners and a new management team,” a Virgin Australia spokeswoma­n said.

“Virgin Australia has not yet been served with the proceeding­s so it is not in a position to comment on the substance of the matter. Regardless, Virgin Australia does not expect any financial consequenc­e to the company from these proceeding­s.”

Mr Scurrah and Ms Bryan were also aware of the lawsuit but were unable to comment on the details of the claim.

“Neverthele­ss, we anticipate any such proceeding will be robustly defended,” said Mr Scurrah and Ms Bryan.

Sydney law firm Corrs Chambers Westgarth had been engaged by Balance Legal Capital to conduct the lawsuit.

The firm provided advice to bondholder­s during the Virgin administra­tion carried out by a team of corporate insolvency specialist­s from Deloitte.

Several lawsuits have arisen from the administra­tion, including a stoush over leased aircraft engines that went all the way to the High Court.

 ?? ?? Paul Scurrah.
Paul Scurrah.

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