The director of two failed Ballarat building companies has appeared in court after a creditor filed a summons for him to submit to questioning about his finances.
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Lachlan Trent Rodgers was the director of LTR Construction Pty Ltd and Goldfields Building Co Pty Ltd, both of which are in liquidation owing still-to-be-determined amounts to creditors and former employees. He appeared before the court registrar on Wednesday to submit to an oral examination by lawyers for BJ Martin Joinery, a Ballarat carpentry firm owed over $15,000 by Goldfields Building Co.
A Summons to Attend for Oral Examination, or SOE, requires the debtor to attend court and give details about their financial circumstances, including but not limited to, their assets, income and debts, according to the Magistrates Court of Victoria.
Mr Rodgers gave the registrar an account of the assets and debts of his companies and his own financial situation, before submitting to questions from the lawyer for BJ Joinery, Mr Justin Lawrence. He questioned Mr Rodgers over two mortgages and caveats on a property he owns at 84 Shortridge Drive, Lucas; the ownership of vehicles, his personal bank accounts and income, where he was living; how much rent and school fees he was paying, shares he owned and other financial matters.
Asked about a Toyota utility he was driving, Mr Rodgers denied it was his personal vehicle and said it was a 'work vehicle' owned by his employer.
Mr Rodgers said he was now an employee of Ellen Blake Enterprises, working through a new construction business named Rural Construction Collective, and was earning roughly $1185 per week. Ellen Blake Enterprises' director is Emily Dalton, Mr Rodgers' former partner.
"Where is Ellen Blake Enterprises' located?," Mr Lawrence asked.
"We don't have an office, we just work on site," Mr Rodgers replied.
Pressed by Mr Lawrence - "It's a registered company, Mr Rodgers, it must have a registered office" - Mr Rodgers said the office was Mulcahy & Co Accounting in Wendouree.
Questioned about whether he made payments to BJ Joinery, Mr Rodgers said he was under the impression he had done so, but was unsure how many times or when.
"I don't know very much about all this stuff," Mr Rodgers said. "It's all up in the air."
About his living arrangements at his uncle's property at Vite Vite, Mr Rodgers first said he paid rent at the property, then said he paid bills and maintained the property in lieu of rent.
Mr Lawrence also asked who provided a second mortgage of $105,000 on 84 Shortridge Drive and what payments were being made.
"Everett's," Mr Rodgers replied. "They would get paid when a house was built and the property was sold."
Mr Lawrence asked if 'Everetts' was a finance company or a person. Mr Rodgers eventually said it was a 'private investor'.
The former director was also quizzed about a $30,000 loan made to him through the company, and whether it was a secured or unsecured loan. Mr Rodgers replied he had no personal debts, and anything owed was owed by the company.
Mr Rodgers failed to supply requested financial documents and statements regarding his affairs and the affairs of the companies to Mr Lawrence.
He must do so in six weeks, the court ordered.
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