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BBY Limited

Background

BBY Limited and its associated entities, including Jaguar Asset Management, began in 1987 as Burdett Buckeridge Young and grew into one of the largest independent stockbrokers in Australia, with offices in New Zealand, Bermuda and Dubai, led by Ken and Glenn Rosewall. At its peak the firm served more than 6,000 clients and held $44.9 million of client funds under management in its CHESS accounts.

In June 2014 margin calls in respect of Aquila Resources, arising from a $40.0 million share placement underwritten by BBY, materially impaired working capital. Allegations of financial malfeasance and ongoing ASIC investigations followed. On 18 May 2015 the company appointed KPMG as Administrators and St George Bank appointed PPB as Receivers and Managers. The insolvency generated client claims of $65.5 million and compensation claims of $11.4 million under the Securities Exchange Guarantee Corporation.

Olvera Advisors was engaged by AIMS Financial Group as deed advocate to advise on its acquisition of BBY Limited and its related companies through a Deed of Company Arrangement.

Negotiation and Creditor Approval

Olvera then built the financial forecast budgets and working capital assessments for the go-forward business, ran cost-out programmes across the residual operations, completed on-boarding assessments for new staff, conducted exit negotiations for non-performing staff and recovery of staff loans, and negotiated the exit of the interim CEO. Olvera negotiated and finalised the terms of the Deed of Company Arrangement and the post-deed actions required to effectuate the handover of licences to AIMS, with the licence acquisition ultimately delivered through four deeds of company arrangement. A parallel workstream assessed the regulatory framework and compliance structures necessary to lift the regulatory and trading suspensions imposed on BBYL by the ASX, alongside project management of the AFS licensing registration and registration as an ASX Clearing House participant.

Execution and Implementation

The acquisition by BBY Asia Pacific of the assets of BBY Limited, including the shares in all subsidiaries, settled for $642,992, successfully negotiated with both the Administrators and the Receivers and Managers. BBY Asia Pacific was re-established with AFS licensing and ASX Clearing House status, returning a functioning brokerage to the market under AIMS ownership.

Speak to the Olvera Expert

Picture of Damien Hodgkinson

Damien Hodgkinson

Principal
Damien develops strategic solutions for groups dealing in crisis management and/or distress investment.

Our Client

BBY Limited

Job Type

Deed Advocate

Industry

Finance

Year

2015

Practitioner

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