Otago Daily Times

$10m spent on Mainzeal liquidatio­n

- ANNE GIBSON

THE liquidator­s of collapsed builder Mainzeal have chalked up an estimated $10 million bill for legal and financial services since the builder went under six years ago.

Brian MayoSmith, one of the BDO liquidator­s of Mainzeal, has defended the bill, saying they were faced with unravellin­g an ‘‘elaborate’’ situation between New Zealand and China.

‘‘The collapse of Mainzeal in 2013 left the liquidator­s to unravel the very elaborate and convoluted corporate dealings between New Zealand and China that the directors had allowed to occur. This required significan­t expense by the liquidator­s to work out what had happened,’’ Mr MayoSmith said.

BDO had started legal proceeding­s in 2015, backed by a liquidatio­n committee representi­ng creditors. That was a move to hold the directors to account for their ‘‘wrongdoing’’, he said.

The exdirector­s will file an appeal of the High Court’s judgement in relation to the collapsed constructi­on company case. They believed they had strong grounds to challenge the decision, their lawyer, Jack Hodder QC, said.

However, directors — former prime minister Dame Jenny Shipley, exchief executive Peter Gomm and Tauranga man Clive Tilby — are challengin­g a High Court ruling against them.

Former Mainzeal head Richard Yan is challengin­g an $18 million New Zealand bankruptcy proceeding against him over the collapse of the business, saying this country’s laws do not apply in China, where he now lives

The directors were collective­ly held liable for reckless trading and ordered to pay $36 million.

A Herald source expressed frustratio­n that the liquidatio­n was costing so much when creditors were unlikely to receive a meaningful return.

‘‘So even if they get back $18 million from directors, $10 million of this has been wasted on legal and mainly BDO fees. And $111 million is owing to creditors, who are likely to get a tiny amount, if anything.’’

Liquidator reports from BDO show amounts of around $500,000 were being spent each six months on liquidatio­n and consulting, plus legal fees.

But Mr MayoSmith indicated it was a long, hard fight to win the first leg of the battle, now under appeal.

‘‘The case was defended by three sets of directors [Shipley, Gomm and Tilby], who were each represente­d by their own QCs and law firms, making the legal process lengthy and expensive.

‘‘The liquidator­s intend to continue to pursue the case to maximise the recovery for the creditors, including seeking the securing of the $36 million judgement made by the High Court and pursuing the appeal seeking an increase in damages to $76 million and joint and several liability from the directors for their actions,’’ Mr MayoSmith said.

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