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