UDW Pty Ltd: Damian Whybrow given $180K from father in law

The debts owed by a doomed Tasmanian joinery company are double than previously reported, a new report has alleged. Plus, the director has finally given his account of what went wrong.

UDW Pty Ltd co-owners Emma Tubb and Damian John Whybrow, pictured circa 2017. Picture: Facebook

A liquidator looking into the affairs of a collapsed Tasmanian joinery company has alleged the doomed firm owes nearly $470,000 to dozens of secured and unsecured creditors – chief among them, $180,000 owed to the director’s father-in-law.

The older man will, at best, see $1980 of his money returned.

Legana’s UDW Pty Ltd, which traded as Unique Doors and Windows and Unique Vanities, was ordered into liquidation by the Supreme Court of Victoria on July 6 following a successful application by a creditor.

UDW is owned 50–50 by company director Damian John Whybrow, of West Launceston, and his ex-wife Emma Tubb. However, Ms Tubb played no role in the day-to-day running of the company and it’s understood the pair split back in 2020.

In liquidator Gregory Stuart Andrews’ statutory report to creditors, made public on Tuesday, Mr Andrews says he was told by Mr Whybrow his marriage breakdown was a major factor in his company’s collapse.

UDW owner and director Damian John Whybrow, of West Launceston. Picture: Facebook

Mr Whybrow said “his marriage breakdown had diverted his attention from the business to personal affairs,” the report noted.

Not only this, “He (accepted) new work and engagements while having no ability to complete the jobs due to lack of staff and the personal affairs that impacted his focus on the company’s business, (while) the winding up application had (an impact) on the company’s reputation, which caused the company to lose customers”.

UDW Pty Ltd owed a total of $469,323.98, Mr Andrews’ report alleged.

$77,472.71 is owed to four secured creditors, while $391,851.27 is owed to 30 unsecured creditors.

This is set against business assets of between $157,723.61 (low estimate) and $249,191.23 (high estimate).

Some of that value has already been realised via sales at auction, Mr Andrews noted.

The single largest unsecured creditor is Mr Whybrow’s father-in-law Phil Tubb, the report claimed.

Damian John Whybrow's father-in-law Phil Tubb. Picture: Facebook

Mr Tubb, who loaned the business $180,000, will see $1980 returned in a best-case scenario, on the basis that unsecured creditors will receive between zero–11 cents in the dollar returned.

Secured creditors would see between 51 cents–$1 returned.

Mr Andrews said he required further time to investigate the company’s affairs to determine whether there had been any alleged unfair preference transactions, uncommercial transactions, unfair loans, or unreasonable director related transactions.

UDW Pty Ltd work undertaken at its Legana warehouse. Picture: Facebook

He said he had formed a “preliminary view” UDW Pty Ltd had not “entirely complied” with s286 of the Corporations Act, which stipulates a duty to maintain the company’s books and records.

A meeting of company creditors will be held on October 20.

Attempts were made to contact Mr Whybrow via email and social media.