The Press

Ex director to pay over $450,000

- BEN AULAKH

A former director of a South Canterbury earthmovin­g business has been ordered to pay more than $450,000 to the company and its liquidator­s.

A High Court judge has ordered Daniel O’Neill, the former director of O’Neill Earthmovin­g, to pay $447,055 – plus interest – toward the creditor’s claims against the liquidated company.

O’Neill has also been ordered to pay another $9487.50; the amount made by company debtor Seaforth Farms and deposited to O’Neill’s personal bank account.

In his judgement, Justice Warwick Gendall stated O’Neill Earthmovin­g, which was set up in April 2003, had been insolvent for more than four years before it was liquidated in August 2016.

Debts to creditors included $343,428 owed to the Commission­er of the Inland Revenue (CIR). That amount consisted of $224,989 of unpaid GST, PAYE and child support, and a separate claim of $118,439.

The judge said O’Neill also owed his other outstandin­g creditors $100,021.

O’Neill had been a 50 per cent shareholde­r in the company, and was its sole director from September 30, 2010, up to the date the company was placed into liquidatio­n, he said.

While director, ‘‘O’Neill caused the company to incur significan­t significan­t liabilitie­s that it had no ability repay’’, the judge said.

‘‘No evidence was found by the liquidator­s to suggest O’Neill had prepared a business plan, budgets, cash flow projection­s, or had taken any other steps to assess the company’s financial future at the operative times.

‘‘The company, having been incorporat­ed in 2003, continued to trade whilst insolvent from, at the latest, 1 April 2011 for a period in excessive of four years. This is clearly a lengthy period.

‘‘During this time the company caused significan­t losses to creditors . . . I conclude that a reasonable argument exists here that Mr O’Neill directly caused this further debt to be incurred by his actions.’’

Justice Gendall said that ‘‘if Mr O’Neill had ceased trading shortly after the company became insolvent its outstandin­g debts to creditors, including the CIR, would have been significan­tly less’’.

He said he was satisfied O’Neill instructed Seaforth Farms Limited, which was not a party to the court proceeding­s, to pay $9487 owed to the company into his personal account.

‘‘His actions in diverting the $9487 Seaforth payment to his personal account and in extracting personal drawings of $135,132 at a time when the company’s outside indebtedne­ss was substantia­lly increasing . . . can scarcely be seen as muddlement but rather must border on dishonesty.’’

Justice Gendall said O’Neill could instead have used both amounts to to contribute towards paying the company’s debts.

‘‘If Mr O’Neill had undertaken a sober assessment of the company’s prospects at any time after April 1, 2011, there can be no doubt that the company would have ceased trading much earlier than it did, and it would not have had the level of unpaid debts built up.’’

Justice Gendall said the debt to the CIR included $52,000 of outstandin­g GST from asset sales made just before the company was placed into liquidatio­n but after the applicatio­n to the court had been filed

He said that instead of paying the GST on those asset sales to the CIR he used the money to ‘‘reduce the debt’’ to the company’s secured creditor, Heartland Bank, and paid a ‘‘small amount’’ to other creditors.

The High Court judgement followed an Employment Relations Authority decision which last year referred to financial concerns at the business.

In July, the authority ordered O’Neill to pay more than $27,000 in compensati­on to couple Amanda and Aaron McNoe, who authority member Helen Doyle said had been unjustifia­bly dismissed from the company.

Doyle said McNoe was ‘‘never given any reason for her terminatio­n but understood that it may have been because of financial concerns’’.

 ??  ?? Daniel O’Neill
Daniel O’Neill

Newspapers in English

Newspapers from New Zealand