25 February 2014

Bankrupt: Medtronic NZ v. Finch

Orthopaedic surgeon Gregory Dale Finch has been ordered to pay $1.08 million for unpaid medical supplies and further ordered to pay extra costs because he lied to the court.  The High Court was told Finch is bankrupt and has left for Western Australia.
Medical supplier Medtronic New Zealand Ltd was left out of pocket after Finch failed to pay for supplies used in his orthopaedic practice.  When sued, Finch delayed proceedings by claiming he did not owe the money personally, it was a debt owed by his business trading as a limited liability company.  Medtronic’s records showed Finch personally as the purchaser; there was no record of his company as purchaser.
Evidence was given that Medtronic got a court order giving it access to two of Finch’s computers.  Forensic analysis identified that a purchase order claimed by Finch to be in the name of his company and the basis of his contract with Medtronic was in fact a forgery.  The purchase order on Finch’s computer identified Finch personally as the purchaser.  Justice Duffy ruled that the purchase order in a company name used by Finch as evidence was fictitious, having been forged on another computer.
The court said Finch personally was liable for the debt of $1.08 million.  In addition Finch is liable for $A35,200 paid by Medtronic for the forensic examination of his computer by experts at Macquarie University.
Justice Duffy said use of fabricated evidence was flagrant misconduct putting Medtronic to extra work.  Finch is required to make an increased contribution towards Medtronic’s legal costs.  He was ordered to pay $45,500 – being 80% of Medtronic’s legal costs.
While Finch is bankrupt in New Zealand, the New Zealand High Court judgment can be transferred to Western Australia and used to seize any assets held there.
Medtronic New Zealand v. Finch – High Court (25.02.14)
14.014