The Press

Liquidator cleared to sue by High Court

- Martin van Beynen

A High Court decision has cleared the way for a liquidator to sue the directors and auditors of the main vehicle for Christchur­ch bankrupt David Henderson’s property exploits.

Accountanc­y firm Pricewater­houseCoope­rs (PwC) – the auditors of Property Ventures Ltd (PVL), which went into liquidatio­n in July, 2010, owing about $70m – tried to stop the action by liquidator Robert Walker and other plaintiffs. It argued the proceeding­s were an abuse of process and against public policy.

In a decision released this week, Justice Brown rejected the arguments and cleared the way for the proceeding­s to continue.

The action is closely watched by PwC’s insurers, Vero Liability Insurance and QBE Insurance (Internatio­nal Ltd), which both have third party status. Property Ventures and its subsidiari­es had major interests in Queenstown and Christchur­ch.

The other defendants include Henderson, prominent lawyer Austin Forbes, QC, Gordon Hansen, Adolf de Roos and Daniel Godden.

Robert Walker, as liquidator of PVL and other companies connected with Henderson, is spearheadi­ng the action.

The case has its origin in 2006, when PVL, still years away from liquidatio­n, granted Auckland company Hanover Finance Ltd a security agreement to secure loans by Hanover to another Henderson company, Five Mile Holdings Ltd.

Hanover sold the security to Allied Farms Investment­s Ltd in 2009. Five Mile went bust the same year and after it sold land holdings it still owed Allied $39m. In November 2012, PVL (in liquidatio­n) began court action against the directors of PVL and PVL’s auditors, PwC.

The action is backed by litigation funding company SPF No.10 Ltd which is connected to investors’ advocate and businessma­n Bruce Sheppard.

In March 2013, SPF took over the security agreement and the debts and securities owed to Allied including rights of action against parties including PwC.

SPF paid a fee of $100,000 to Allied and agreed to pay Allied five per cent of the net amount recovered in the court action.

At a hearing in June, PwC asked the High Court in Christchur­ch to strike out the action, arguing it was an abuse of process and a misuse of the liquidator­s powers for SPF to be both a funder of the litigation and a secured creditor of PVL.

PwC said SPF stood to make an excessive and disproport­ionate profit because the penalty interests on the loans to Five Mile would mean by June 2017, when the trial could be expected, the debt would be worth $188m. The firm argued SPF would take that amount and was also entitled to a service fee of $140m.

Justice Brown said the arrangemen­t was not objectiona­ble because no rule existed that a litigation funder could not hold an interest in proceeds of litigation.

The judge awarded costs against PwC.

 ??  ?? David Henderson
David Henderson

Newspapers in English

Newspapers from New Zealand