“We will continue to trade the company whilst we explore options with the licensor, Max Brenner Industries Ltd, regarding the Max Brenner brand in Australia," Mr Salloway said. "Today it is business as usual.” BDO would not provide further details to Fairfax Media on why the transaction had been pulled. 'I could sue them' David Tozer of Tozer & Co. David Tozer of Tozer & Co said he did not know why the deal was off and he was “pretty upset” the sale had fallen through.

“I am literally surprised ... We had a very clear understanding, a game plan and I executed it to a T,” he said. “We absolutely were committed and were willing to underwrite all these employees. "At the 11th-hour the liquidator requested something entirely unreasonable. They didn’t want this deal to go through.” Mr Tozer said he only found out the sale wasn't going through when he got the press release from BDO. "I could sue them for this," he said. Mr Tozer said he was going into a meeting with his legal team to work out what to do next.

"I am not sure what is happening," he said. 'Empty promises' Max Brenner employed 600 staff at its peak and the staff who remain face ongoing uncertainty. A current Max Brenner staff member, who wanted to remain anonymous, said while staff were being told it was business as usual, the store she worked at was closed today. "There have been a lot of empty promises," she said. "This backwards and forwards is so unbelievably stressful for the staff who are working in the stores."

The staff member said employees were owed pay and many would not be able to pay their rent. "The pay we received is for our predicted October pay," she said. "We were informed if we worked more in October, we would be paid the difference in November, however, if we worked less in October, our pay would be deducted. Since the majority of us have had no choice but to work less hours than they predicted, we will be paid breadcrumbs." Tom and Lilly Haikin introduced Max Brenner cafes to Australia. Credit:Tamara Dean The staff member said staff were still missing their September pay and were stuck in limbo as to whether they still had jobs. "This is unbelievably stressful for all the staff and it’s getting beyond ridiculous," she said.

Troubled chain Loading Max Brenner was started by former rich listers Tom (or Tamir) and Lilly Haikin, who made their fortune after opening the first Australian Max Brenner chocolate bar in Paddington in 2000. However, the chain struggled in recent years, with turnover falling and the business coming under increasing financial strain. It collapsed into administration earlier this month and 20 of Max Brenner's 37 chocolate bars were closed.

BDO was appointed as liquidator to Max Brenner on Wednesday after administrators found the chain owed creditors more than $33 million. The chain appeared to have found a white knight in the form of Tozer & Co, the local Australian affiliate of global asset manager Carlyle's Distressed & Special Situations team. Tozer & Co operates six businesses, including drone business National Drones and recruitment startup Expert360, which the Tozers were founding shareholders in. On Thursday, Mr Tozer said Tozer & Co planned to "write big cheques" to fund the expansion of Max Brenner in South-East Asia and assist employees. However, with the sale falling through, Max Brenner's future hangs in the balance again.

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