ASIC has obtained orders from the Supreme Court of Queensland restraining Deborah Marlborough from dealing with real properties held in her name, which ASIC suspects have been funded by or maintained by monies obtained from the Members Alliance Group and the Benchmark Group of companies.
Mrs Marlborough is restrained from selling, charging, mortgaging or otherwise dealing with, disposing and/or diminishing the value of the following real properties:
- 8441 Magnolia Drive East, Hope Island, Queensland 4212 (being Lot 70 on registered plan GTP107095);
- 8442 Magnolia Drive East, Hope Island, Queensland 4212 (being lot 71 on registered plan GTP107095);
- 8443 Magnolia Drive East, Hope Island, Queensland 4212 (being lot 72 on registered plan GTP107095); and
- Unit 1, 22 Eurimbula Court, Paradise Point, Queensland 4216 (being lot 1 on registered plan BUP6065).
Mr Richard Marlborough, the husband of Mrs Marlborough, is also restrained from selling, charging, mortgaging or otherwise dealing with, disposing and/or diminishing the value of a Rolls Royce Wraith 665C black coupe 2014 with vehicle registration DLM02.
The orders, made on 16 March 2018, were obtained by consent pending a hearing of ASIC's application on 27 April 2018.
Background
The Members Alliance Group was a group of companies operating on the Gold Coast which went into external administration in July 2016. On 13 July 2017, Jason Bettles and Raj Khatri of Worrells themselves sought and obtained orders from the Supreme Court to be replaced as liquidators of a number of Members Alliance Group companies by Michael McCann of Grant Thornton.
On 3 November 2017, ASIC successfully applied to the Supreme Court of Queensland to appoint provisional liquidators to five companies within the Benchmark Private Wealth Group, a group of companies related to the Members Alliances Group. (Refer: 17-394MR).
Editor's note 1:
On 24 April 2018, the defendants made an application for an adjournment of the hearing listed for 27 April 2018. The matter is now listed for a hearing on 14 June 2018. The interim orders remain in place until this hearing.
Editor's note 2:
The hearing scheduled for 14 June 2018 has been vacated to a date to be fixed.
The Court has made orders consistent with a 'Request for Orders by Consent' submitted by ASIC and Mrs Marlborough. Those orders allow Mrs Marlborough to sell any or all of the properties (in accordance with certain conditions stipulated in the orders) and deduct from the proceeds the costs associated with the sale of the properties.
The remaining net proceeds from the sale of the properties are to be paid into the Court and held until further orders of the Court are made.
Editor's note 3:
On 20 April 2021, the remaining net proceeds from the sale of the properties was paid into the Court, where they will remain until further orders are made.
Editor’s note 4:
On 24 July 2023, Mrs Marlborough made an application to Court for the sale proceeds. The application was listed for a hearing 24 August 2023, but was later adjourned and relisted for a hearing on 5 October 2023.
Editor’s note 5:
On 5 October 2023, the hearing of Mrs Marlborough's application was adjourned by consent and will be listed on a date to be fixed.
Editor's note 6:
On 29 November 2023, the Court made orders that the sale proceeds be released to Mrs Marlborough and that proceeding be dismissed with no order as to costs.