Eureka Blog Update

 
  a6et Minister for Railways

Not sure this is them, but found this after a bit of Googling.

I recall visiting this thread many years ago when considering buying an HO 38 class.

https://insolvencynotices.asic.gov.au/browsesearch-notices/notice-details/Eureka-Models-Pty-Ltd-109195655/0b6182fc-9c2c-41d2-99ea-d87bdb3744ac
It is old and irrelevant. Someone was disgruntled and tried to have Eureka shut down, ASIC and court records confirm the company was and still is trading legally.  The Australia legal system allows anyone to lodge such an application, if I was bored I (or you) could lodge one right now to have our favourite bank deregistered and said bank would be required to front up to the court to justify why my (or your) application was a waste of everyones time.
Poath Junction
Rumours come and rumours go. The problem is that when a rumour comes out by means of an application such as mentioned here, and the application remains on a register it can create further problems when the case was rejected, which I would likely suggest has been the facts. The sad part is that it could gain ground as another rumour that is unsubstantiated because of the existence of that old link, which to my mind somehow should be either removed or a clear indication that the application has been dealt with.

Maybe it has but I don't look at such things as there is no point unless the case was won and the likely result of such an occurrence would have been well known by now as well as the aftermarket affects.

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  markmeow Locomotive Driver

Oh wow, where do I start, such misinformation.

I got a fair bit of knowledge on winding up companies so let me set the record straight (I worked for several companies that was involved in Bankruptcy and liquidations).

Winding up a company isn't something as easy as "I was bored one day and decided to wind up a company". No there is a fair bit of paperwork and proof you need to submit before it gets to the stage of issuing an application to wind up a company, here is a little more info for you..

http://sydney.edu.au/lec/subjects/insolvency/Summer%202013-14/Lecture%201-%20Winding%20up%20guide.pdf

I don't know where anyone would get an idea that you could apply to wind up a company, let's say a bank in your free time, this notion borders on stupidity.

You can apply to see the application to wind up the company, the application doesn't state what the debt is for or how much, but it has to be an minimum of $2,200. It also doesn't say if it was paid, put aside or agreement made for payment

This information is far from irrelevant, although I Will let everyone draw their own conclusions on what it means when a creditor applies to to get a company wound up. However this debt would have been outstanding for sometime
  Poath Junction Chief Commissioner

Location: In front of a computer most of the time.
Oh wow, where do I start, such misinformation.
(snip for brevity)
markmeow
You'd gain more credibility if you understood insolvency is just one of many reasons a winding up process can be started. A debt does NOT need to be involved, and a company does NOT need to be insolvent for a winding up order to be issued by the court.  A lack of confidence by the general community in how a company is being run is enough grounds for a winding up order to be issued by the court (do you understand my choice of "our favourite bank" scenario now?). There's also valid reasons such as disputes between directors, disputes by shareholders, if the company has no members in its registry, and quite a few more reasons that are all easily found on the ASIC website or by reading Part5.4A of the Corporations Act 2001 (as modified). Yes, it really can be quite simple to get the case to a court hearing (granted, you will still need to do a wad of paperwork but that could easily be completed in an afternoon of boredom).

If you want a pissing competition you'd be best to start with pointers to current legislation and guidelines on relevant websites (eg ASIC) rather than outdated 4 year old  notes from an "intro to insolvency" course aimed at non-law students. And in the off chance we wanted to focus solely on insolvency it would have benefited your proclaimed expertise to have quoted the correct figure for the statutory minimum (it's not $2200) & prescribed debt amounts, which I'm doubting you're even aware can vary as per Section 9 of the Corporations Act 2001 (as modified).

Important note: nothing in the above is meant to imply what the year old winding up request related to. If you really want to know you'll need to ask ASIC, the court, Eureka, or the person(s) who lodged the request with the court. Don't rely on or feed the rumour mill.
  markmeow Locomotive Driver

Sure more than willing to enter into a pissing contest when someone says something silly then tries to back themselves out of a corner...

Yes you are correct that there you can wind up a company regardless of whether it is solvent or insolvent. If you could refer me to a case where a company has been issued a winding up noticed based on "a lack of general lack of confidence of the community" or any reference to this law, I'd be more than happy to backtrack (so no the reference to the bank doesn't make sense, I can't see anything in sect 461 which would cover this) . But from the post it was crystal clear this was a case of a winding up notice being issued because of insolvency (or not paying a debt) considering this notice appears on the Insolvency pages of ASIC, so let's not pretend your original post was anything other than a reference to winding up due to insolvency (winding up a solvent aka voluntary winding up of a company requires a different set of processes). In fact voluntary and insolvent winding up are two seperate sections of corps act

Sorry the link to the Uni page was more for those with aren't familiar with how to read/interpret law/legislation. You'll notice it is specifically for winding up due to insolvency because the winding application was issued under insolvency clauses.

Again in either cause it would not be easy to initiate a winding up order, even to
Meet the "public interests clause" under section (this is the only thing I can think that would be remotely close to your bank analogy? Maybe that's how you have intrepeted it? ) a report needs to be prepared by ASIC (and getting to this stage would be an ordreal, it wouldn't be as simple as writing a letter and going to court). In no way shape or form is winding up a company easy (Coming from someone who has tried to wind up several companies and only succeeded in a small
Number of cases).

There is no rumour mill, if a notice has been issued under 465a, then it classified as winding up in insolvency.

But I have struggling to find "credibility" that someone could get a case to court for winding up a company based on some alleged community grievance (unless there was some kind of substantial misconduct or fraud, but you original post makes so reference to this).
  UpperQuad Locomotive Fireman

Location: 184.8 miles to Sydney
Sure more than willing to enter into a pissing contest
markmeow
Jeez fellas, give it a rest!
  markmeow Locomotive Driver

Ah cut my last post off early and he got a little away from the point. Let's cut through the rumour and legal
Processss and get back to the facts:

1) A Graham Richardson applied to the Supreme Court of NSW for a winding up order against Eureka models under the winding up in insolvency sections of the corps act (s465a) specifically section 459.

2) contrary to others opinions, this isn't some member of the public who has a gripe against the business, this isnt a voluntary winding up, this is an application under insolvency. To go down this path, they would have had some kind of proof of why they wanted to go through the
Winding up under insolvency path.

3) no details as to the results of the application are available. They may have defended the action, had it set aside or paid.

All the above information is on public record.

Now we can reasonably infer (with strong evidence to suggest) that Eureka had some kind of debt or debts that were not paid. This does not necessarily mean they are current ly insolvent or are trading as insolvent or will not meet their future obligations. We do not know the details of the alleged debts in any case.
  Poath Junction Chief Commissioner

Location: In front of a computer most of the time.
(snip for brevity)

There is no rumour mill, if a notice has been issued under 465a, then it classified as winding up in insolvency.
(snip)
markmeow
Short answer is "nope, you don't understand the most basic concepts of the notice.". Longer answer is:

s465A (note the big A, it is important) which you can read at http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s465a.html clearly notes it is referring to notifications under section 459P, 462 or 464. A notice issued under s465A is saying a winding up application is being notified under one of those 3 sections, it does NOT specify the nature of the application or which section (459P, 462 or 464) is of relevance to the application.

https://insolvencynotices.asic.gov.au/ is NOT just for notices regarding insolvency. You'd know that if you bothered to read the information on the homepage.

5 seconds on google will reveal plenty of cases where the courts have ordered a winding up using the "just and equitable" grounds of s461(1)(k). It's a complex topic but hey, the decisions are there for you to wade through. You will of course note ASIC is just one of a number of persons/entities who can make a winding up application under s462 for s461 to be applied. ASIC does NOT need to submit any reports if I or you initiate action under s462, ASICs opinion only comes into play if they have initiated the winding up request.
  Poath Junction Chief Commissioner

Location: In front of a computer most of the time.
Ah cut my last post off early and he got a little away from the point. Let's cut through the rumour and legal
Processss and get back to the facts:

1) A Graham Richardson applied to the Supreme Court of NSW for a winding up order against Eureka models under the winding up in insolvency sections of the corps act (s465a) specifically section 459.
(snip)
markmeow
"A Graham Richardson...". Do you even realise which Graham Richardson it is???

Anyway, humour me and supply one reference where "specifically section 459" is noted as the reason for the application.
  SA_trains Deputy Commissioner

Location: ACT
As fascinating as this voyage of "my legal penis is bigger than your legal penis" discussion is, I think that perhaps the conversation should be "shunted" back into model trains.... perhaps even related to Eureka model trains.

Just a thought...... Very Happy
  dthead Site Admin

Location: Melbourne, Australia
PLEASE NOTE:

SA_trains may have put it in a  strong way, but yes thread will revert to eureka Models discussion starting immediately,  future 'legal' post may be removed without notice.
  The railway dog Junior Train Controller

I've just got a sound equipped 50 class. Playing around with the settings on my DC layout can occasionally find a couple of Yanks in the cab talking about shooting something & getting a gun. Has anybody else found this? Weirdsville, man.
  c3526blue Deputy Commissioner

Location: in the cuckoos nest
I've just got a sound equipped 50 class. Playing around with the settings on my DC layout can occasionally find a couple of Yanks in the cab talking about shooting something & getting a gun. Has anybody else found this? Weirdsville, man.
The railway dog
Hello Mr Dog,

I hate to suggest this, but did you read the manual, curiously entitled as "Specifications for NSWGR 50 Class Standard Goods Loco"?  This is the green covered A4 sized booklet that should have been supplied with your loco.

Specifically on Page 9 in the table of DCC Function Keys there is a description of the three applicable functions.
   F26  -  Fuel Loading Scenario
   F27  -  Maintenance Scenario
   F28  -  Water Loading Scenario

Of course these three scenarios are all USA based versions with American colloquialisms.  I think your reference to "shooting" and "gun" are in the maintenance scenario.  There is a reference to a grease gun, but I am unfamiliar with the shooting reference, maybe they are shooting grease into a bearing.  

Perhaps one needs to listen closely to what is being said, rather than jumping to conclusions.  Remember the ASSUME acronym!

Happy listening,

John

PS; I am not into hippy slang man (shades of Neil from the Young Ones).
  The railway dog Junior Train Controller

3526

No, I didn't consider that this might've been one of the scenarios listed, I suppose I should've but it didn't sound much like any of those things. I was using the larger manual to tune the running characteristics when I must've done something right to get this sound. Having found it I think I'll look at the manual again so I can avoid it in future. I'll try the loading water  & coaling.
  NSWGRules Locomotive Fireman

Latest update on our mysterious 40 class.  
http://eurekamodels.blogspot.com.au/

Painting of the 40 class is in full swing at the factory with painting expected to be completed within the week.
The painting process (or decoration process as it is usually called at the factory) is a fascinating step in the overall construction of a model. It requires constant attention and the need to be on hand (not literally) for around 14 hours a day whilst painting is underway.
The following three photos are a good illustration.  


[color=#888888][size=2][font=Arial, Tahoma, Helvetica, FreeSans, sans-serif][img]https://4.bp.blogspot.com/-q4TnFAvjfcM/WRm3B9ApAgI/AAAAAAAAAsg/I-qlTtPpcecC0yMwFJObAyx0ASFapYG5QCLcB/s320/TR2.JPG[/img][/font][/size][/color]


These three photos arrived almost immediately work on the Indian Red version commenced.
The question from the factory was "which of the three versions did we prefer and which was more correct"?
Ignore differences in the colours as any variations are caused by the lighting.







Along with the arrival of the photos came a  reminder from the factory that painting was in progress and an answer within five minutes would be appreciated.







After a quick check of the 40 class photo library an answer was forwarded to the factory. (Not quite within the five minutes but near enough.)
The Eureka office then settled back into its normal state of chaos to wait for the next request from the factory.





The factory is currently finishing two other projects for customers after which the assembly-line will be turned over to the 40 class for final assembly. Painting needs to be finished quickly to be ready for this process.
  lkernan Deputy Commissioner

Location: Melbourne
I love it.  Years of work, multiple samples signed off. Lots of back and forward.

And the final colour choice comes down to three samples in different lighting from poor smartphone photos.
And please make your choice within 5 minutes.

Goes to show how much of a damn the factory give about Eureka.
  railmod Chief Train Controller

I love it.  Years of work, multiple samples signed off. Lots of back and forward.

And the final colour choice comes down to three samples in different lighting from poor smartphone photos.
And please make your choice within 5 minutes.

Goes to show how much of a damn the factory give about Eureka.
lkernan
I wonder if the query was more to do with the positioning of the yellow stripe rather than the actual colour - seems one goes around the front corner, the others don't & also one is slightly lower/higher than the other (one can see it in the position of the door handles)
Cheers Alex.
  catchpoint Assistant Commissioner

Location: At the end of a loop
I love it.  Years of work, multiple samples signed off. Lots of back and forward.

And the final colour choice comes down to three samples in different lighting from poor smartphone photos.
And please make your choice within 5 minutes.

Goes to show how much of a damn the factory give about Eureka.
I wonder if the query was more to do with the positioning of the yellow stripe rather than the actual colour - seems one goes around the front corner, the others don't & also one is slightly lower/higher than the other (one can see it in the position of the door handles)
Cheers Alex.
railmod

Would not / Should not that have been already confirmed in the signed off data pack / artwork in the agreement between Eureka and the factory?

Perhaps, it might have been better left unsaid...A murky look at "how it actually works" could spook the horses

It does appear to be a unique insight to the process that the other importers seem to keep to themselves..., the detail of how your over a barrel by the factory overseas with a tale of woe, if indeed this is a common occurrence for them as well?

Regards,

Catchpoint
  brissim Chief Train Controller


Would not / Should not that have been already confirmed in the signed off data pack / artwork in the agreement between Eureka and the factory?

Perhaps, it might have been better left unsaid...A murky look at "how it actually works" could spook the horses

It does appear to be a unique insight to the process that the other importers seem to keep to themselves..., the detail of how your over a barrel by the factory overseas with a tale of woe, if indeed this is a common occurrence for them as well?

Regards,

Catchpoint
catchpoint

Agree - that's the part that just leaves me speechless. Rather than than "a quick check of the 40 Class photo library" I'd have thought the response from Eureka should have been "to refer to Page X of the Data Pack and supplied photos Y etc". Surely this is a fairly basic question about livery that would have been answered years ago.

Tony
  yogibarnes Locomotive Fireman


Would not / Should not that have been already confirmed in the signed off data pack / artwork in the agreement between Eureka and the factory?

Perhaps, it might have been better left unsaid...A murky look at "how it actually works" could spook the horses

It does appear to be a unique insight to the process that the other importers seem to keep to themselves..., the detail of how your over a barrel by the factory overseas with a tale of woe, if indeed this is a common occurrence for them as well?

Regards,

Catchpoint
Agree - that's the part that just leaves me speechless. Rather than than "a quick check of the 40 Class photo library" I'd have thought the response from Eureka should have been "to refer to Page X of the Data Pack and supplied photos Y etc". Surely this is a fairly basic question about livery that would have been answered years ago.

Tony
brissim
At least they're asking, and on what would be, to most of us, and considering most of us can't pick the difference, a minor issue (albeit a potentially important one) ...
  a6et Minister for Railways

I love it.  Years of work, multiple samples signed off. Lots of back and forward.

And the final colour choice comes down to three samples in different lighting from poor smartphone photos.
And please make your choice within 5 minutes.

Goes to show how much of a damn the factory give about Eureka.
I wonder if the query was more to do with the positioning of the yellow stripe rather than the actual colour - seems one goes around the front corner, the others don't & also one is slightly lower/higher than the other (one can see it in the position of the door handles)
Cheers Alex.

Would not / Should not that have been already confirmed in the signed off data pack / artwork in the agreement between Eureka and the factory?

Perhaps, it might have been better left unsaid...A murky look at "how it actually works" could spook the horses

It does appear to be a unique insight to the process that the other importers seem to keep to themselves..., the detail of how your over a barrel by the factory overseas with a tale of woe, if indeed this is a common occurrence for them as well?

Regards,

Catchpoint
catchpoint
Thing is that other importers have also indicated over time their frustrations with the factories in China, problem is that it seems to be getting worse rather than better.
  David Peters Dr Beeching

Location: "With Hey Boy".
The thing is though that this model got caught up in the great balls up at a certain factory and had to be shifted to another factory to actually get it all made, so it might be that the data pack was never sent on with the dies etc, so the new company has had to ask this question. The data pack might have simply got lost or it could have been withheld by the original company that was going to make them just to cheese off someone. Anything is possible but glad to see they are actually asking not just doing their own thing!
  Dazz Deputy Commissioner

Tuesday, May 16, 2017  

40 CLASS PROGRESS UPDATE.
Painting of the 40 class is in full swing at the factory with painting expected to be completed within the week.
The painting process (or decoration process as it is usually called at the factory) is a fascinating step in the overall construction of a model. It requires constant attention and the need to be on hand (not literally) for around 14 hours a day whilst painting is underway.
The following three photos are a good illustration.  



[img]https://4.bp.blogspot.com/-q4TnFAvjfcM/WRm3B9ApAgI/AAAAAAAAAsg/I-qlTtPpcecC0yMwFJObAyx0ASFapYG5QCLcB/s320/TR2.JPG[/img]


These three photos arrived almost immediately work on the Indian Red version commenced.
The question from the factory was "which of the three versions did we prefer and which was more correct"?
Ignore differences in the colours as any variations are caused by the lighting.







 Along with the arrival of the photos came a  reminder from the factory that painting was in progress and an answer within five minutes would be appreciated.








 After a quick check of the 40 class photo library an answer was forwarded to the factory. (Not quite within the five minutes but near enough.)
The Eureka office then settled back into its normal state of chaos to wait for the next request from the factory.





The factory is currently finishing two other projects for customers after which the assembly-line will be turned over to the 40 class for final assembly. Painting needs to be finished quickly to be ready for this process.
  anzac1959 Chief Commissioner

another 40class update

http://eurekamodels.blogspot.com.au/
  NSWGRules Locomotive Fireman

Great to see another update from Eureka Models on their progress of the 40 class.  A bit of an anomaly in photo 6 on Eureka's latest update.  The description states "printed cabs, except indian red cabs". The order form lists only Tuscan Red. The cabs in the photo must be Tuscan Red With Indian Red to come?  Confused?
  Iain Chief Commissioner

Location: Concord, NSW
I am confused, its taken longer for Eureka to build these models that it took Montreal Loco Works to build the original.

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