2002 01T 0352 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
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2002 01T 0352 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
2002 01T 0352 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR IN THE MATTER OF the Receivership of Hickman Equipment (1985) Limited (“Hickman Equipment”) pursuant to Rule 25 of the Rules of the Supreme Court, 1986 under the Judicature Act, R.S.N. 1990, c. J-4, as amended AND IN THE MATTER OF the Bankruptcy and Insolvency Act, Chapter B-3 of the Revised Statutes of Canada, 1985, as amended FIFTEENTH REPORT OF THE RECEIVER This report deals with matters as of October 31, 2003. PricewaterhouseCoopers Inc. (“PwC”) in its capacity of Receiver of Hickman Equipment, previously filed reports to the Court for the period from our appointment date to April 30, 2002 and for each month thereafter to April 30, 2003. Reports subsequent to April 30, 2003 are, pursuant to Court Order, to be filed quarterly and this is the second such quarterly report covering the period from August 1 to October 31, 2003. FIFTEENTH REPORT OF RECEIVER November 7, 2003 IMPLEMENTATION OF COURT APPROVED PLANS REALIZATION PLAN Unrealized assets Unrealized assets as of our last report, July 31, 2003, consisted of a small quantity of office equipment from Showtech and Celebration Rentals divisions, two van style transport trailers (previously described as steel cargo containers) used for offsite parts storage and the leased trucks subject to security held by GMAC. Remaining used parts and offsite parts are discussed later in this report. In September the Receiver reviewed the company’s records in regard to an Ingersol Rand Model 370 drill, serial number C9569AR. A sale, pending confirmation of payment clearing the purchaser’s bank, has been arranged for $13,000 plus HST. Proceeds from the sale are included in the statement of Receipts and Disbursements to October 31, 2003. Creditors are being requested to review their security and advise the Receiver if there is any claim to the proceeds from the sale of this drill. Sale of trucks All trucks were sold prior to July 31, 2003 for total proceeds of $372,755. Page 2 FIFTEENTH REPORT OF RECEIVER November 7, 2003 Accounts Receivable Collections of accounts receivable for the three months to October 31, 2003 were $399 bringing the total collected to $896,083 not including sundry accounts. The only accounts to be collected are the remaining accounts placed with collection agents or which are subject to Statements of Claim initiated by the Receiver. The Receiver’s application to Court (Court sub-file number 7:55) for advice and directions involving a claim for set-off by United Rentals of Canada Inc. in the amount of $329,254.74 was heard on March 12, 2003 and adjourned. See “Court Proceedings and Orders”. Corporate Income Tax Refunds The CCRA audit of Hickman’s tax returns initiated in September 2002 was continuing as at October 31, 2003. The CCRA has not requested any additional information since April 2003. In September the Receiver followed up with CCRA on the status of the claim and was advised due to staff changes at CCRA the claim must be reassigned. The Receiver is not aware of any further impediment to the assessment of the corporate income tax refund with the exception of withholding payment until the HST review has been completed and assessed. Page 3 FIFTEENTH REPORT OF RECEIVER November 7, 2003 The Receiver has obtained Court authorization to proceed with a potential recovery of corporate capital tax. Previously the Receiver reported the intention to meet with CCRA to determine the level of documentation required to satisfy the claim prior to undertaking the review. In September CCRA advised they will not provide any comments prior to receipt of the Receiver’s claim for the capital tax refund. The Receiver intends to prepare the claim in the next quarter. HST Review The Receiver’s review of a possible refund of HST is proceeding and covers the period from December 2000 for recovery of tax paid in error and from March 1998 for the recovery of HST on bad debts. As reported in the previous report to the Court, HST refund claims filed to the end of April 2003 total $331,297.16. At the date of bankruptcy, the Hickman Equipment accounts show an HST liability in the amount of $471,000 which is reflected on the sworn Statement of Affairs the Receiver is reviewing. The Receiver’s review has identified a sale recorded in December 2001 that was not completed with the intended purchaser and therefore the HST liability with this sale should be reversed, reducing the liability by $291,360. Outstanding for review is a series of adjusting journal entries that may impact the HST liability with a substantial increase, and a review of HST adjustments for bad debts. Page 4 FIFTEENTH REPORT OF RECEIVER November 7, 2003 Parts Inventory Offsite Trailer Parts The Parts Consent Agreement provided for deferred payment from John Deere for the inventory of parts in four construction trailers. The Receiver advises that the status of those parts as of October 31, 2003 is as follows: • All parts in the three Labrador trailers and the one Granite Lake trailer have been sold. • The Receiver has received payment for all parts sold to Johnson Construction Limited, United Rentals Incorporated and John Deere Limited. • Parts used by McNamara Construction Limited at Granite Lake have been invoiced to McNamara. McNamara claims an offset for breach of contract. Payment by McNamara remains outstanding. • The Receiver has distributed the proceeds collected from sale of the offsite parts, net of the 15% holdback for the cost allocation plan, to John Deere and CIBC as authorized by the Court. Used Parts and Trailers The Receiver completed a sale to Ontrac Equipment Service Inc., of used parts, except the used crusher parts, including electric motors, diesel generators and power units. All remaining units plus the two van-type trailers were placed with Roche’s Auctioneering Services Limited for sale or auction in November, 2003. Page 5 FIFTEENTH REPORT OF RECEIVER November 7, 2003 CLAIMS PLAN AND FINAL DETERMINATIONS As at October 31, 2003 Final Determinations have not yet been issued for the related companies, Group Holdings Limited, Hickman Holdings Limited and Hickman Leasing Limited. The decision of Justice Hall dealing with the Receiver’s Final Determination for CIBC has been appealed. The Receiver is named as a respondent but does not intend to participate in the appeal by way of either written or oral submission. WEB SITE Pursuant to a decision rendered on December 30, 2002, the Court indicated that the Receiver’s web site may be used for service of matters before the Court. COST ALLOCATION PLAN To date the Court has authorized a holdback of 15% from distributions to creditors for the cost allocation plan. The Receiver reviewed the calculation during October 2003 and continues to believe that the 15% deduction from distributions is appropriate. Page 6 FIFTEENTH REPORT OF RECEIVER November 7, 2003 Distributions New distributions occurred since the last report of July 31, 2003. The gross amount of distributions at October 31, 2003 is $6,117,039, less a holdback of $917,556, for net distributions of $5,199,483. A separate schedule of distributions and assets realized is attached as Appendix A to this report. NEXT STEPS AND OTHER ISSUES Auditor Issue In compliance with an Order of the Court dated July 25 and entered July 28 concerning the Application of the Receiver (7:56) for an Order directing Deloitte & Touche LLP to provide documents and for appropriate Directions, Deloitte and Touche LLP delivered eight banker’s boxes of records to the Receiver. Five of the boxes were identified as relating to the monitor role under the CCAA and three boxes are identified as auditor files. In consultation with its solicitor the Receiver is utilizing senior PricewaterhouseCoopers LLP audit personnel to conduct a review of the audit documents to determine whether it has in its capacity as Receiver or Trustee a claim against Deloitte & Touche LLP. The Court Order (7:56) prevents the Receiver from releasing any of the documents or information contained in the documents to anyone other than the Receiver’s solicitor, experts and advisors retained to assist in evaluating the documents. Page 7 FIFTEENTH REPORT OF RECEIVER November 7, 2003 Review of Management Bonuses See Court Proceeding and Orders, sub-file 7:52 below for comments. COURT PROCEEDINGS AND ORDERS The following Court proceedings were in process or took place from August to October 2003. Relevant documents and submissions can be found on the PricewaterhouseCoopers’ website. 1. 7:21 – The Application of GMAC for payment of the proceeds from 4 Terex Trucks was heard on October 28, 2003. The matter was enlarged to November 12th, 2003 at 9:30 am. 2. 7:29 – On September 12, 2003 the Application of Caterpillar Financial Services Limited (“CFSL”) was heard by Judge Hall. This was for payment to CFSL of the proceeds from the sale of a Timberjack, serial number 993395. In an Order dated September 17, 2003 Judge Hall Ordered that $95,000.00, less a 15% holdback of $14,250.00 pursuant to the Cost Allocation Plan, be divided as follows: ∗ 50% to CFSL ($40,375.00); ∗ 25% to John Deere Credit Inc. ($20,187.50); and ∗ 25% to the Canadian Imperial Bank of Commerce (“CIBC”) ($20,187.50). Page 8 FIFTEENTH REPORT OF RECEIVER November 7, 2003 3. 7:32 – On October 15, 2003, the Application of CIT Financial Limited (“CIT”) was heard by Judge Hall. This was for payment to CIT of proceeds of a number of assets now that the objection of CIBC had been withdrawn. In an Order dated October 15, 2003 and filed October 16, 2003, Judge Hall ordered that proceeds in the amount of $486,337.70 (being the total proceeds of $572,162.00 less a 15% holdback of $85,824.30 pursuant to the Cost Allocation Plan) be paid to CIT. 4. 7:33A – The Application of CIT Financial Limited for payment of the proceeds from 5 Terex Trucks was adjourned sine die on October 28, 2003. 5. 7:44 - On August 1, 2003, Paul Burgess, counsel for National Leasing Group Inc. (“NLGI”) met with Judge Hall with respect to the continuation of NLGI’s Interlocutory Application. Anna Locke, counsel for PricewaterhouseCoopers Inc. (“PwC”) also attended this meeting. Judge Hall directed a fresh application be issued and served on all interested parties. This new application (7:44), for payment to NLGI of the proceeds from the sale of a 310SG Backhoe Loader, serial number T0310SG894504 was heard on August 14, 2003. The Order of Judge Hall dated and filed on August 14, 2003 ordered that PwC pay to NLGI $70,200.00 less a 15% holdback, being $10,530, pursuant to the Cost Allocation Plan. Page 9 FIFTEENTH REPORT OF RECEIVER November 7, 2003 6. 7:52 – The Order of Judge Hall with respect to the Application of PwC was filed on August 1, 2003. The Order lifts the stay of proceedings “so as to permit CIBC, at its discretion, to enforce its security for recovery of bonuses, commissions or other payments.” The Receiver cannot assist CIBC in this action as it believes this would cause a conflict of interest. The Receiver notes a deadline exists for bonuses paid in 2000 re 1999 activity as repayment of the bonuses will result in a tax refund to the individuals only if the repayment occurs before December 31, 2003. Similarly, for bonuses paid in 2001 the repayment must be made before December 31, 2004 to obtain a refund of income tax. 7. 7:54 - By an Order dated June 2 and filed June 16 the Application by PwC as Receiver/Trustee for Directions concerning interest in 29 pieces of equipment rented by United Rentals (Canada) Limited to Hickman Equipment was adjourned to October 1, 2003. The Application was heard on October 1 with a decision issued by Justice Hall on October 31, 2003. In response to PwC's application for directions as to whether it should continue to assemble information to enable it to make a determination of interest in the Equipment or to bring the matter back before the Court for its determination. Justice Hall has directed PwC to take no further steps. The decision in its entirety is posted on the Receiver's website, however a portion of the decision specifying grounds by which the matter may be revisited is copied below. “Nonetheless I recognize that the powers granted to the Receiver and the Trustee under the BIA and the Receivership Order are superior to what might be available to individual creditors in their Page 10 FIFTEENTH REPORT OF RECEIVER November 7, 2003 own private action outside of the receivership. Therefore, on appropriate grounds, this Court may entertain an application on the part of PwC as Receiver and certain willing creditors, to permit those requested investigations where such creditors are willing to fund the cost thereof from their own resources and not from the funds of the receivership” 8. 7:55 - The Receiver's application to Court for advice and directions involving a claim for set off by United Rentals of Canada Inc. in the amount of $329,254.74 was brought before the Court on March 12, 2003 and adjourned sine die with instructions to Receiver's counsel to seek a date for hearing if the matter was not resolved by mid-September. John Deere Limited, John Deere Credit Inc, CIBC and United Rentals are the only parties which have expressed an interest in the Receiver's application. They wish to have prehearing disclosures by way of documents and discovery. The Receiver has no objections. It is expected a consent Order setting a date for hearing and particulars of prehearing proceeding involving interested parties will be circulated shortly. The matter is currently expected to be heard in March. Page 11 FIFTEENTH REPORT OF RECEIVER November 7, 2003 9. 7:57 - The Order of Judge Hall with respect to the Application of PwC was filed on August 1, 2003. The Order provides the direction requested by the Receiver for its final tasks and mandate as Court Appointed Receiver. Exhibit 1 to the Order specifies the Receiver’s remaining duties pertaining to: a. Realization Plan b. Claims Plan c. Preference review and Related party transaction review d. Miscellaneous duties The Order is posted on the Receiver’s website. Creditors and other stakeholders are advised the Order includes direction that the Receiver can assist with information requests from stakeholders with costs to be borne by stakeholders if appropriate. 10. 2003 01T 3135 – On August 12, 2003 the Originating Application of April Dunne for the temporary lifting of the stay of proceedings was heard. This was to facilitate access to the insurer of the ShowTech division of Hickman Equipment in relation to a claim against the insurer. Application was granted by Judge Thompson. Page 12 The FIFTEENTH REPORT OF RECEIVER November 7, 2003 ACCRUED FEES OF THE RECEIVER AND LEGAL COUNSEL Attached as Appendix “B” is a summary of the accrued fees of the Receiver and Receiver’s Counsel to October 31, 2003. STATEMENT OF RECEIPTS AND DISBURSEMENTS Attached as Appendix “C” is a Statement of Receipts and Disbursements for the period from March 13, 2002, the date of the Receiver’s appointment to October 31, 2003. The above respectfully submitted as of the 7th day of November, 2003. Yours very truly, PricewaterhouseCoopers Inc. Receiver and Manager – Hickman Equipment (1985) Limited Per: ________________________________ James A. Kirby, C.A., C.I.R.P. Senior Vice-President JAK/cmc Encl. ReportToCourt-#15.doc Page 13 Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Serial Gross Distribution Sub-file Creditor Name 7:29 CIBC CATERPILLAR FINANCIAL SERVICES LIMITED 993395 TIMBERJACK 610 FORWARDER Description 23,750 993395 TIMBERJACK 610 FORWARDER 47,500 John Deere Credit Inc. 993395 TIMBERJACK 610 FORWARDER 23,750 95,000 4259 152924 173406 173408 173411 173645 175544 175545 178925 178926 183168 183169 183210 184608 184609 186186 186846 186847 189165 189179 191994 192567 192810 193577 206642 206742 206842 207010 207880 209490 242648 242657 BY7073 BY7085 BY7146 I/R ECM350 Air Track I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R XP825 COMPRESSOR I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track 12,070 5,500 12,070 12,070 12,070 16,500 2,500 11,000 14,000 3,000 12,500 4,500 12,070 9,656 15,500 15,000 5,500 14,500 2,500 12,070 13,000 9,656 14,000 11,500 1,500 16,500 12,070 19,000 8,000 8,000 600 2,500 12,070 10,000 12,070 7:29 Total 7:32 CIT FINANCIAL LIMITED 11/18/2003 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Sub-file Creditor Name Serial Description CB7238 CB7240 CB7242 CB7361 CB7369 CB7371 CB7385 CB7497 R10025 R10061 R10062 R10063 R10064 S4184 S4201 S4244 S4257 S4260 T38076 V88497 7:32 Total 7:33 7:33 Total 8:29 GMAC & CIBC CIBC Gross Distribution I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R EXM350 AIR TRACK I/R EXM350 AIR TRACK I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R ECM350 Air Track I/R XP825 COMPRESSOR 1GDL7H1C7XJ502066 1999 GMC Medium Truck 770 3913 7125 7181 7534 7535 10469 10473 10476 10561 10566 30665 118982 127504 175546 557007 9120173 9141194 9724703 ROCKRAM HYD HAMMER NYE 330L BUCKET NYE 330LC FROST RIPPER NYE 330LC MECHANICAL THUMB NYE 5 1/2 750 Bucket NYE 4 1/4 450LC Bucket I/R DXL750 COMPRESSOR I/R DXL750 COMPRESSOR I/R DXL750 COMPRESSOR I/R DXL750 COMPRESSOR I/R DXL750 COMPRESSOR GORMAN RUMP 6" PUMP TRAMAC V55 BREAKER TRAMAC V55 HAMMER I/R XP825 COMPRESSOR MASSEY 240 SWEEPER CASE W18 LOADER CASE W11 LOADER I/R ECM490 DRIFTER 11/18/2003 12,070 13,500 15,000 8,500 12,070 12,070 600 12,070 4,000 14,000 16,000 12,070 12,070 600 14,000 2,500 10,000 18,000 14,000 14,000 572,162 54,150 54,150 12,000 500 2,250 3,000 3,563 5,938 600 600 600 600 600 3,600 40,000 30,000 14,000 4,250 12,000 7,000 20,000 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Sub-file Creditor Name Serial Gross Distribution Description TIMBERJACK 1210B FORWARDER NPK 16X HAMMER DYNAPAC CA251A ROLLER CRAIG TC62H QUICK COUPLER GARIER 450LC ROOT RAKE WARATAH H450 HARVESTING HEAD 00FY0467 JRB TC62H QUICK COUPLER 0100-55430-5/3 JRB 444H QUICK COUPLER 0198-32881 WARATAH H260 HARVESTING HEAD 01FA1222 JRB 310D QUICK COUPLER 0498-35345-1 JRB 450LC QUICK COUPLER 0601-76467 JRB TC54H QUICK COUPLER 0697-27716-4/1 JRB 450LC QUICK COUPLER 0701-78017 JRB 160LC QUICK COUPLER 0801-79094 JRB 270 LC Q/C 1101-81931 JRB 200 LC Q/C 1201-82953 JRB 330LC QUICK COUPLER 1201-82990 BLAW-KNOX 5510 TRUCK HITCH 14423-10 TD20 REAR RIPPER 20R3U51 2N5STVN34VA045034 Mobile stage 2R1B3W3E4E1000541 ROUSSEY TRAILER JOHN DEERE 892E EXCAVATOR ARM 3030022AHA JOHN DEERE 892E EXCAVATOR ARM 3030027AHA JOHN DEERE 992E EXCAVATOR ARM 4030456AMA FABTEK 546C FORWARDER 546C-96-10011 BLAW-KNOX 5510 PAVER 551030-33 CAT D4D DOZER 83J01647 TELEDYNE TB1625 HAMMER 8FK00652 JOHN DEERE 450LC EXCAVATOR ARM 9AKJ146 JOHN DEERE 450LC EXCAVATOR ARM 9DKJ206 JOHN DEERE BACKHOE ARM A002 700/50-26.5 Tire and Rim A143a 700/50-26.5 Tire and Rim A143b 66X43.00-26 Tire and Rim A143c NYE 790E TRACK GUIDES A276 12100639 50010417 58311028 99110315 006100 11/18/2003 62,500 25,000 42,000 600 6,500 29,000 500 600 39,000 600 7,500 700 8,250 5,000 5,350 4,700 3,750 500 2,100 101,000 1,888 3,600 2,000 3,000 200,000 262,500 9,000 19,000 3,000 3,000 100 3,500 3,500 1,000 500 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Sub-file Creditor Name Serial Gross Distribution Description A282 A283 A288 NYE 992E TRACK GUIDES NYE 790E TRACK GUIDES NYE 690E TRACK GUIDES 500 500 500 A472 100 A474 A497 A515 A521 A573 JOHN DEERE 310D BACKHOE ARM JOHN DEERE 310E BACKHOE BUCKET JOHN DEERE 790E 42" BUCKET TRAMAC V55 HAMMER TRAMAC V43 HAMMER CAT 980C SNOW PLOW 1,000 1,000 10,000 5,000 300 BR2250497RABMU C000185 C000832 CK0490S011961 RISELY R21R HARVESTING HEAD TRAMAC V52 HAMMER Excavator Long JOHN DEERE 490 EXCAVATOR 17,000 10,000 6,000 25,000 E631-005 TREEFARMER C6D FORWARDER 21,000 F631-007 F923546 FF0200X501179 FF892EX012313 FF992EX006280 H01221 H01315 KT11503006307 PWC AR PWC CR 15(a) PWC CR 15(b) PWC CR 16 PWC CR 17(a) PWC CR 17(b) TREEFARMER C6D FORWARDER DAVID BROWN SWEEPER JOHN DEERE 200LC EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 992E EXCAVATOR VAIL 850C REAR RIPPER VAIL 850C REAR RIPPER TRAILER/GENSET Accounts receivable Trade show supply package Trade show supply package Tenting and accessories package Food service - tables and chairs Food service - bar equipment Food service and preparation equipment Food service - Bianca china Food service - Regency china Food service - decorative props and linens Food service - decorative props and linens Food service - Old Country S/S flatware 18,000 3,000 114,000 85,000 95,000 5,750 5,500 16,500 870,213 1,000 21,000 41,200 15,500 1,500 PWC CR 17(c) PWC CR 17(d) PWC CR 17(e) PWC CR 17(f)(I) PWC CR 17(f)(ii) PWC CR 17(g) 11/18/2003 3,905 4,200 8,900 150 4,000 1,400 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Sub-file Creditor Name Serial Gross Distribution Description PWC ST 3 PWC ST 4(a) PWC ST 4(b) Food service - Ultra Brite S/S flatware Food service - glassware Dishwasher package Warehouse and related equipment Forklift Office furniture and equipment Retail inventory Customer list Remaining Attachments Traveller for mobile stage Sony large TV package Complete club PA package Complete club PA package Warehouse equipment Office furniture and equipment Retail inventory Concert and performance staging folding Conference staging - portable and folding Concert lighting - intelligent Concert lighting - intelligent 5,000 42,000 200 PWC ST 5(a) Atmosphere lighting and accessories 90,000 PWC ST 5(b) PWC ST 6(a) PWC ST 6(b)(I) PWC ST 6(b)(ii) PWC ST 7(a) PWC ST 7(b) PWC ST 8(a) PWC ST 8(b) PWC ST 9(a) PWC ST 9(b) R14180LD R14185AE SJ480609-43 T0062221 T0750CX879743 T10118001 T38175 Atmosphere lighting and accessories Conventional light rig Conventional light rig Conventional light rig Turbo sound touring package Turbo sound touring package Audio visual package Audio visual package DJ and audio lighting DJ and audio lighting I/R ECM490 HYDRAULIC DRILL I/R ECM490 HYDRAULIC DRILL SUMMERS SMB100 GENSET CRAIG 4 1/2 YD 744H BUCKET JOHN DEERE 750C DOZER CRAIG TC62H PALLET FORKS I/R ECM350 Air Track 20,000 34,000 24,000 750 102,000 35,000 78,000 80,000 10,000 2,500 90,000 105,000 9,000 5,500 115,000 3,600 12,000 PWC CR 17(h) PWC CR 17(i) PWC CR 18 PWC CR 19 PWC CR 20 PWC CR 21 PWC CR 22 PWC CR 23(b) PWC Misc PWC ST 1(b) PWC ST 10 PWC ST 11(a) PWC ST 11(b) PWC ST 12 PWC ST 13 PWC ST 14 PWC ST 2 11/18/2003 1,050 5,500 1,000 2,800 2,000 800 2,000 10 12,233 1,000 10,000 7,000 3,000 3,000 800 2,500 2,500 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Distribution Details sorted by Court File Number Issued to October 31, 2003 Sub-file Creditor Name Serial Description PWC AR 2 PWC COH PWC Frgt PWC MISC2 PWC Parts3a 8:29 Total 7:44 7:44 Total 7:48 NATIONAL LEASING GROUP INC. CIBC John Deere Limited 7:48 Total 7:20 GMAC T0310SG894504 Sundry receivables Cash on Hand Recovery of freight Deduct for $3 million cap CIBC NonDeere Parts-sold by Ontrac 10,214 4,087 20,000 (72,187) 193,200 3,511,514 Backhoe Loader 70,200 70,200 215,000 178,000 63,454 750,806 55,852 1,263,113 155,000 131,100 240,000 526,100 PWC Parts2 PWC Parts3b PWC Parts3c PWC Parts1a PWC Parts1b Timberjack Parts NonDeere Parts-sold to John Deere NonDeere Parts-offsite John Deere parts-sold to JohnDeere John Deere parts-offsite DWTC62H579785 FF0200X501969 FF0450X090627 JOHN DEERE TC62H LOADER JOHN DEERE 200LC EXCAVATOR JOHN DEERE 450LC EXCAVATOR 7:20 Total 7:35 GMAC Leaseco & CIBC Gross Distribution 1GCEC14W0XE150527 Chevy Silverado 1GCEC14WXXE141298 Chevy Silverado 1GCEK14W7XE154285 Chevy Silverado 7:35 Total Grand Total 11/18/2003 8,300 7,150 9,350 24,800 6,117,039 Hickman Distribution Detail Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Gross Proceeds Remaining for Distribution before Cost Allocation Net of Distributions to October 31, 2003 Listed by Serial Number Serial Number Stock# Model 804 6349 40842 49395 50104 50310 50340 51059 129379 160180 163713 167316 172821 973115 990097 8450602 8608220 06CR04706 06CR05244 06CR05245 10DH1027 145-35027 158-5928 17DD0305 1G1JC5242Y7302829 1GCEK14V2YE379061 1GCEK14W5YZ245386 1GCEK14W71Z209690 1GCEK14WXYZ188084 1GCEK19T01E277450 1GCEK19T21E323537 1GCFG15M1Y1169229 1GNDT13W7Y2285480 3G1JC52481S103145 3GNFK16TXYG107437 4S2DM58W0Y4700167 544B-03-28858-99 546B-40-28894-99 546C-56-29308-00 546C-66-29396-00 551028-64 5TJ02858 72V13959 74TDC7364 911C4019 9SJ000289 A475 A7761186 C001290 C001614 C001552 C001525 C001526 C001582 C001527 C001542 X-C001351 C001034 presold2 C001269 C001229 C000900 C001406 C001102 C001401 C001339 C001340 C001341 C001118 C000959 C001567 C001111 equip2 equip5 equip6 equip7 equip9 equip10 equip11 equip12 equip13 equip14 equip15 equip1 C001493 C001230 C001494 C001231 C001062 C001226 C001553 C001227 C001045 C001532 A475 C001114 POULIN PLANT(#804)Conveyor(#105) C'90 & C'91 INTERNATIONAL TD15C DOZER CEDARAPIDS 2236 JAW CRUSHER CEDARAPIDS SCREENER/WASH PLANT CEDARAPIDS C380 CONE PLANT CEDARAPIDS 3042 JAW PLANT CEDARAPIDS 6X20 SCREEN PLANT CEDARAPIDS 461 PAVER TRAMAC CPA225 DRILL I/R DD110D ROLLER I/R SD100DA Compactor I/R SD110D ROLLER I/R XP825 COMPRESSOR TIMBERJACK 610 FORWARDER TIMBERJACK 990 FORWARDER TIGERCAT 845B FELLER BUNCHER VALMET 860 FORWARDER CAT 320B EXCAVATOR CAT 320B EXCAVATOR CAT 320B EXCAVATOR TIMBERJACK 1110B FORWARDER HITACHI EX200 EXCAVATOR/HARVESTER HITACHI EX270 EXCAVATOR TIMBERJACK 1410 FORWARDER 2000 Chevrolet Cavalier 2001 Chevrolet Silverado 2000 Chevrolet Silverado 2001 Chevrolet Silverado 2000 Chevrolet Silverado 2001 Chevrolet Silverado 2001 Chevrolet Silverado 2000 Chevrolet Express Van 2001 Chevrolet Blazer 2001 Chevrolet Cavalier 2000 Chevrolet K1500 2000 Isuzu Rodeo FABTEK 544B FORWARDER FABTEK 546B FORWARDER FABTEK 546C FORWARDER FABTEK 546C FORWARDER BLAW-KNOX 5510 PAVER CAT D8N DOZER CAT 140G MOTOR GRADER TEREX ARTICULATED TRUCK VALMET 911C HARVESTER CAT 320B EXCAVATOR/HARVESTER TAPIO HARVESTING HEAD TEREX TA35 ARTICULATED ROCK TRUCK 11/18/2003 Remaining 41,000.00 11,000.00 152,500.00 225,000.00 360,000.00 325,000.00 260,000.00 255,000.00 62,000.00 95,000.00 95,000.00 110,000.00 9,655.80 40,000.00 5,000.00 118,750.00 30,000.00 135,000.00 140,000.00 135,000.00 190,000.00 55,000.00 30,000.00 306,000.00 6,555.00 10,800.00 12,300.00 21,831.00 11,600.00 29,945.00 28,642.50 12,939.00 16,625.00 8,550.97 41,500.00 10,450.00 65,000.00 75,000.00 80,000.00 145,000.00 213,750.00 165,148.95 95,000.00 800.00 50,000.00 67,500.00 3,500.00 190,000.00 Gross Proceeds Remaining at Ooct 31, 2003 Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Gross Proceeds Remaining for Distribution before Cost Allocation Net of Distributions to October 31, 2003 Listed by Serial Number Serial Number Stock# Model A7761187 A7761188 A7761195 A7761196 AT4C761111995 BE350CT200325 BE350CT200326 C10514 CB7835 CT7296 CT7297 DW624HX579048 DW644HX574161 DW644HX580105 DW644HX581726 DW690EL538314 DW690EL562859 DW690EL565134 DW744HX572461 DW744HX572946 DW744HX576952 DW772CH567061 DWTC62H579824 FF0200X050548 FF0200X050655 FF0200X051120 FF0200X051172 FF0200X500457 FF0200X500536 FF0200X500917 FF0200X500923 FF0200X500924 FF0200X501362 FF0200X501500 FF0200X501803 FF0200X502017 FF0230X060319 FF0330X080077 FF0330X080078 FF0330X080456 FF0330X080518 FF0330X080747 FF0330X080964 FF0370X080344 FF0450X090021 FF0450X090408 FF0450X090600 FF050ZX240042 C001115 C001116 C001112 C001113 C001400 C001365 C001366 C001364 C000601 C001654 C000899 C001105 C000172 C001336 X-C001534 C001042 C001398 C001399 C001373 C001485 C000893 C001159 C001274 C000852 C001547 C001521 C001586 C001032 C001495 C000257 C001496 C001497 C001054 C000892 C001329 N-C001379 C001491 C001546 C000356 N1854 N1858 C001057 C001381 C000257 C001545 C001023 C001220 C001474 TEREX TA35 ARTICULATED ROCK TRUCK TEREX TA35 ARTICULATED ROCK TRUCK TEREX TA35 ARTICULATED ROCK TRUCK TEREX TA35 ARTICULATED ROCK TRUCK TIMBCO T425B HARVESTER JOHN DEERE 350C ARTICULATED DUMP TRUCK JOHN DEERE 350C ARTICULATED DUMP TRUCK KOMATSU PC200-6 EXCAVATOR/HARVESTER TIMBERJACK 230A FORWARDER TIMBERJACK 230A FORWARDER TIMBERJACK 230A FORWARDER JOHN DEERE 624H LOADER JOHN DEERE 644H LOADER JOHN DEERE 644H LOADER JOHN DEERE 644H LOADER JOHN DEERE 690E EXCAVATOR JOHN DEERE 690E EXCAVATOR/HARVESTER JOHN DEERE 690E EXCAVATOR/HARVESTER JOHN DEERE 744H LOADER JOHN DEERE 744H LOADER JOHN DEERE 744H LOADER JOHN DEERE 772CH MOTOR GRADER JOHN DEERE TC62H LOADER JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR/HARVESTER JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR/HARVESTER JOHN DEERE 200LC EXCAVATOR/HARVESTER JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 200LC EXCAVATOR JOHN DEERE 230LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR JOHN DEERE 330LC EXCAVATOR John Deere 370 Excavator JOHN DEERE 450LC EXCAVATOR JOHN DEERE 450LC EXCAVATOR JOHN DEERE 450LC EXCAVATOR JOHN DEERE 50ZTS COMPACT EXCAVATOR 11/18/2003 Remaining 190,000.00 190,000.00 190,000.00 190,000.00 24,000.00 225,000.00 230,000.00 65,000.00 31,000.00 25,000.00 21,000.00 152,500.00 114,791.35 160,000.00 182,500.00 38,000.00 24,000.00 30,000.00 120,000.00 120,000.00 192,500.00 95,000.00 142,500.00 72,200.00 110,000.00 86,450.00 199,500.00 115,000.00 150,000.00 103,500.00 120,000.00 60,000.00 135,000.00 91,833.65 140,000.00 131,100.00 104,500.00 150,000.00 133,000.00 170,000.00 170,000.00 199,500.00 199,500.00 147,250.00 150,000.00 150,000.00 240,000.00 30,875.00 Gross Proceeds Remaining at Ooct 31, 2003 Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Gross Proceeds Remaining for Distribution before Cost Allocation Net of Distributions to October 31, 2003 Listed by Serial Number Serial Number Stock# Model FF790EL010023 FF792DX010221 FF892EX007221 FF892EX007239 FF892EX011283 FF892EX011686 FF892EX011705 FF892EX012095 FF892EX012643 FF992EX007040 J8DE5B14617900087 J8DE5B14717900082 KV0250A253464 KV0250A253465 LU1050C005288 P00120X031958 P00160X041361 P00160X041555 P00160X041653 P00160X041654 P00160X041741 P00160X041792 P00160X041793 PWC AR PWC AR 2 PWC CB PWC IT PWC Misc 1 PWC Office PWC Parts4 PWC Parts5 PWC USX R10031 R10162 R11115EF R14245FF R14246FF T0310SG896594 T0310SG896618 T0310SG897094 T0450GX809815 T0450HX874682 T0450HX889199 T0653GX880032 T0750CX825699 T0750CX882592 T0850CX834577 T0850CX848745 C000226 C000898 C000278 N1603 C000285 C001396 C001652 N1696 C000345 C001295 equip16 equip17 C001029 C001028 N-C001486 C000931 N-C001512 C001035 C001327 C001328 N-C001377 N-C001453 N-C001454 PWC AR PWC AR 2 PWC CB PWC IT PWC Misc 1 PWC Office PWC Parts4 PWC Parts5 PWC USX C001228 C001507 C001321 N1762 N1763 C001237 C001236 C001241 C001158 C000401 C001058 C001653 C001022 C000261 C001655 N1361 JOHN DEERE 790E EXCAVATOR JOHN DEERE 792D EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 892E EXCAVATOR JOHN DEERE 992E EXCAVATOR 2001 GMC 5500 2001 GMC 5500 JOHN DEERE 250 SKIDSTEER LOADER JOHN DEERE 250 SKIDSTEER LOADER JOHN DEERE 1050C DOZER JOHN DEERE 120 EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR JOHN DEERE 160LC EXCAVATOR Accounts receivable Sundry receivables Redemption of Share - Credit Bureau Income tax refunds (estimate only) Steel Cargo Containers (estimate only) Office equipment (estimate only) Used Parts- sold to Ontrac Used Parts - electric motors & power units(estimate) US Exchange I/R EXM350 AIR TRACK CEDARAPIDS MVP450 CRUSHER I/R ECM590 HYDRAULIC DRILL I/R ECM490 HYDRAULIC DRILL I/R ECM490 HYDRAULIC DRILL JOHN DEERE 310SG BACKHOE JOHN DEERE 310SG BACKHOE JOHN DEERE 310SG BACKHOE JOHN DEERE 450G DOZER+D36 JOHN DEERE 450H DOZER JOHN DEERE 450H DOZER JOHN DEERE 653G FELLER BUNCHER JOHN DEERE 750C DOZER JOHN DEERE 750C DOZER JOHN DEERE 850C DOZER JOHN DEERE 850C DOZER 11/18/2003 Remaining 39,000.00 58,900.00 45,000.00 40,000.00 40,000.00 40,000.00 40,000.00 80,750.00 145,000.00 100,000.00 33,725.00 35,055.00 23,000.00 24,000.00 330,000.00 107,000.00 110,000.00 110,000.00 115,000.00 110,000.00 120,000.00 132,500.00 132,500.00 25,870.00 575.00 3,833.00 900,000.00 2,700.00 5,000.00 20,000.00 1.00 6,193.00 12,069.75 290,000.00 117,963.40 79,800.00 68,400.00 75,000.00 76,000.00 76,000.00 57,500.00 60,000.00 127,500.00 180,000.00 80,000.00 125,000.00 82,500.00 100,000.00 Gross Proceeds Remaining at Ooct 31, 2003 Hickman Equipment (1985) Limited PricewaterhouseCoopers Inc., Receiver 31-Oct-03 Gross Proceeds Remaining for Distribution before Cost Allocation Net of Distributions to October 31, 2003 Listed by Serial Number Serial Number Stock# Model Remaining T0850CX850222 C001392 JOHN DEERE 850C DOZER T0850CX888907 C001059 JOHN DEERE 850C DOZER T0850CX900908 N-C001479 JOHN DEERE 850C DOZER W0W6X4D002027 C001518 JOHN DEERE 6X4 GATOR W0W6X4D002028 C001517 JOHN DEERE 6X4 GATOR W0W6X4D002069 C001519 JOHN DEERE 6X4 GATOR WC608BX005005 C001531 TIMBERJACK 608B HARVESTER Deducted from CIBC claim for $3 million cap (note 1) 120,000.00 160,000.00 222,500.00 12,000.00 12,000.00 12,000.00 300,000.00 72,186.00 16,154,364 NOTE 1: Court order, sub-file 8:29 provided general reduction in proceeds awarded to adjust the total under the GABD to $3 million. Not applied to any particular assets. 11/18/2003 Gross Proceeds Remaining at Ooct 31, 2003 Appendix "B" Hickman Equipment (1985) Limited Receiver's fees PricewaterhouseCoopers Paid to April 30, 2003 # 18 Subtotal: Court Approved #19 #20 #21 #22 #23 #24 #25 #26 #27 #28 #29 Total Paid to October 31, 2003 Outstanding Total PwC Total Receivership General 1,287,336.31 30,996.00 1,318,332.31 731,951.31 14,667.00 746,618.31 2,430.00 20,489.00 16,986.00 8,924.00 13,632.00 2,430.00 20,489.00 Receivership Realization 262,871.00 15,774.00 278,645.00 Receivership Claims Bankruptcy Investigation Disbursements 68,139.00 0.00 175,000.00 68,139.00 0.00 175,000.00 49,375.00 555.00 49,930.00 16,986.00 8,924.00 13,632.00 6,076.00 6,159.00 3,499.00 7,725.00 10,468.00 11,889.00 12,039.00 11,717.00 11,880.00 1,432,572.31 805,509.31 333,241.00 43,841.00 15,254.00 27,690.00 1,476,413.31 820,763.31 360,931.00 68,139.00 274,636.95 -4,220.49 9,728.35 10,574.00 129,659.50 83.00 48.00 179.00 112.00 172.00 159.00 3,451.00 7,546.00 10,356.00 68,139.00 0.00 175,000.00 50,683.00 897.00 0.00 175,000.00 51,580.00 Legal fees Patterson Palmer Paid to April 30, 2003 # 14 Subtotal: Court Approved Note: fees approved exceed billing by: #16 #17 #18 #19 #20 Total Paid to October 31, 2003 411,021.16 3,586.80 414,607.96 9,728.35 4,810.54 2,242.96 2,460.70 6,303.42 4,810.54 1,977.50 1,987.00 5,742.00 3,958.00 265.46 45.70 561.42 428.00 440,153.93 294,661.85 16,799.50 16,207.50 Total Patterson Palmer 456,953.43 310,869.35 11,002.00 129,659.50 Merrick Holm Paid to April 30, 2003 # 13 Subtotal: Court Approved 404,730.71 2,695.73 407,426.44 255,409.50 28,412.50 97,857.50 #14 #15 #16 15,836.29 1,607.99 6,386.94 15,836.29 1,590.00 1,980.00 4,350.00 Total Paid to October 31, 2003 431,257.66 274,815.79 32,762.50 7,932.22 5,640.00 120.00 439,189.88 280,455.79 32,882.50 97,857.50 0.00 3,982.50 24,011.59 White Ottenheimer & Baker #1 Paid to May 31, 2002 16,470.60 16,470.60 16,470.60 16,470.60 Total WOB 16,470.60 16,470.60 912,613.91 607,795.74 43,884.50 227,517.00 0.00 7,940.50 25,476.17 Outstanding Outstanding Total Merrick Holm TOTAL LEGAL FEES 11,002.00 129,659.50 0.00 3,958.00 872.58 592.00 0.00 3,958.00 1,464.58 3,982.50 21,764.44 17.99 56.94 97,857.50 0.00 3,982.50 21,839.37 2,172.22 Appendix "C" IN THE MATTER OF THE RECEIVERSHIP OF HICKMAN EQUIPMENT (1985) LTD. STATEMENT OF RECEIPTS AND DISBURSEMENTS AND SUMMARY OF ACCRUALS FOR THE PERIOD ENDING October 31, 2003 March 13/02 July 31/03 RECEIPTS $ Accounts receivable Accounts receivable - sundry Auction commission Auction of equipment and attachment inventory Cash on hand Cost allocation HST collected HST Refund Interest Recovery of freight Rental Income - Sublet to RCMP Redemption of Share - Credit Bureau Sale of assets by tender - Show Tech and Celebration Sale of equipment inventory Sale of parts inventory Sale of Vehicles Third party auction proceeds Trust Funds from Monitor US Exchange TOTAL RECEIPTS DISBURSEMENTS Advances to Trustee Appraisal fee Auction commission and expenses Commission on sale of vehicles Computer file maintenance and training Court costs Equipment storage costs HST consultant's fee HST paid and remitted Insurance Legal fees Miscellaneous expenses Monitor's fees Monitor's legal fees Office expenses Receiver's fee Reimbursement of third party auction proceeds Rent and occupancy costs Repairs & maintenance Salaries and benefits Security Tender advertising Travel expenses TOTAL DISBURSEMENTS EXCESS OF RECEIPTS OVER DISBURSEMENTS Aug 1- Oct 31 $ March 13/02 Oct 31, 2003 $ 895,684 10,789 1,182,973 14,534,892 4,087 181,165 2,959,122 20,000 365,926 20,000 11,100 3,833 772,165 3,264,700 1,374,387 372,755 466,968 165,200 6,193 26,611,939 399 10,500 16,668 23,721 2,500 99,615 645 154,048 896,083 10,789 1,193,473 14,534,892 4,087 181,165 2,975,790 20,000 389,647 20,000 11,100 3,833 772,165 3,267,200 1,474,002 373,400 466,968 165,200 6,193 26,765,987 6,446 35,701 1,140,712 13,180 7,985 25,268 8,922 914 3,060 1,500 7,314 20,368 (917) 19,002 6,847 51,779 1,297 825 146,179 31,714 35,701 1,149,634 13,180 8,899 3,060 115,798 28,222 3,027,640 37,228 887,882 23,364 123,204 35,188 14,902 1,432,572 466,968 46,997 9,471 24,978 12,587 8,117 2,652 7,539,958 114,298 20,908 3,007,272 38,145 868,880 16,517 123,204 35,188 14,902 1,380,793 466,968 45,700 9,471 24,153 12,587 8,117 2,652 7,393,779 19,218,160 7,869 19,226,029 4,404,207 795,276 5,199,483 FUNDS ON HAND COMPRISED OF THE FOLLOWING Funds on Hand - General Funds Invested in Treasury bills Funds on hand - In Trust re Equipment Sale & Wells Fargo Funds on hand - In trust from Monitor's Equip. sales Funds on hand - In trust re Sale of leased vehicles 14,813,953 3,377,591 10,738,200 250,750 165,764 281,648 (787,407) (716,944) (70,200) (263) 14,026,546 2,660,647 10,738,200 250,750 95,564 281,385 TOTAL FUNDS ON HAND 14,813,953 (787,407) 14,026,546 DISTRIBUTIONS - see Appendix A Receiver's Accruals HST Payable Legal Fees General Receiver's fee Receivership - General Receivership - Realization Receivership - Claims Bankruptcy TOTAL RECEIVER'S ACCRUALS EXCESS OF RECEIPTS NET OF ACCRUALS (28,149) 3,851 3,582 6,076 24,012 9,372 14,804,581 (3,701) 20,881 11,672 21,614 (24,012) 26,454 (813,861) (31,850) 24,732 15,254 27,690 0 35,826 13,990,720