Weekend Herald

Insider trading allegation­s in CBL class-action claim

- Duncan Bridgeman

CBL shareholde­rs taking a class action against former directors of the failed insurance company say they have filed a statement of claim in the Wellington High Court outlining serious allegation­s including breaches of continuous disclosure and insider trading.

The shareholde­rs, including the largest institutio­nal investor Harbour Asset Management and Australiab­ased Argo Investment­s, are seeking compensati­on for significan­t financial losses suffered as a result of the company’s collapse last year.

The suit is backed by NZ-based litigation funder LPF Group and is competing with a separate class action funded by ASX-listed IMF Bentham.

Harbour Asset Management director Andrew Bascand, chair of the CBL class-action claim committee, said the statement of claim clearly outlined the allegation­s against CBL and the former directors.

“The claim alleges the directors of CBL are responsibl­e for misleading statements in the IPO documents that, at the time the company listed on the NZX and ASX, it had adequate financial reserves to meet its insurance obligation­s. The claim also alleges that directors are responsibl­e for the company failing to update the market in the period after the IPO with material informatio­n about CBL’s financial position.

“The insider trading allegation­s in the statement of claim allege that directors Peter Harris and Alistair Hutchinson, through companies controlled by them, sold shares in CBL while they were in possession of material informatio­n relating to CBL that they knew was not available to the market generally.”

CBL had a market value of $747 million when its shares were suspended from trading on the NZX and ASX in February 2018.

The specialty insurance firm listed in 2015 after raising $125.3m from a float with 80.9 million new shares sold at $1.55 each, while Harris and Hutchison sold $35.3m of their existing shares into the offer.

In April 2017 Harris and Hutchison sold a further $16.3m and $17.6m of shares at $3.26 a share. The shares were valued at $3.17 when trading on the NZX was suspended and are now deemed worthless.

Shareholde­rs who acquired CBL shares in the IPO or subsequent­ly, and either sold them at a loss or still held them when the company failed in 2018 are eligible to join the claim.

In a statement sent to the Weekend Herald, Harris described the allegation­s as “a cheap shot”.

“The fact is that these allegation­s are just that, — allegation­s,” Harris said. “The IPO was an incredibly robust process.

“If the proposed class action gets to court, it will be a good opportunit­y to examine all parties involved, on oath”.

 ??  ?? Andrew Bascand
Andrew Bascand

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