18 December 2015

Maori: Victoria St West v. Baker

Over four years, Wellington Maori have seen the value of their Port Nicholson Treaty settlement assets drop by two-thirds to $11 million.  Port Nicholson trustees are now in pursuit of $731,000 apparently lost in a property deal with Anthony Gapes’ Redwood group.
The High Court was asked to remove Auckland liquidator John Gilbert from one of Gapes’ companies following allegations that Mr Gilbert was installed as a patsy liquidator tasked to not look too hard at company transactions.
Victoria Street West Ltd went into liquidation in 2015, with Mr Gapes as shareholder appointing Mr Gilbert as liquidator.  The liquidator’s initial report lists the company’s only asset of value as a bank account holding $34,200 with secured creditors owed some $26,400 and unsecured creditors owed $1.4 million.  Port Nicholson trustees cried foul. They were not listed as an unsecured creditor despite claiming $731,000 was due.  This $731,000 debt is listed in the Trust’s most recent annual report as “impaired”. Evidence was given that the Trust paid a deposit of $750,000 in 2010, agreeing to buy a property at 83 Waterloo Quay, Wellington.  The Trust subsequently transferred its interest in this agreement to Victoria Street West, but the company failed to fully reimburse the Trust its $750,000 as promised.        
At a creditors’ meeting in May 2015, Mr Gilbert was confirmed as liquidator of Victoria Street West.  The Trust was the only creditor to vote against his appointment.  Included in the majority voting in favour were three entities under the control of Mr Gapes between them claiming $1.19 million.
Associate judge Bell ordered that a further creditors’ meeting be held to vote again on the question of a liquidator.  The $1.19 million in related party votes are not to be voted.  The judge instructed that all creditors are to receive a copy of his judgment along with notice of the meeting and they were to be specificially advised of the multiple name-changes Victoria Street West has undertaken.  Victoria Street West was previously known as Redwood Group Ltd.  The court was told Mr Gapes appears to have transferred the name Redwood Group on to a different company leaving the former Redwood Group assetless under the new name of Victoria Street West.  Mr Gapes Redwood group development at Spring Park in Mt Wellington, Auckland, is in receivership.
Victoria St West Ltd v. Baker – High Court (18.12.15)

16.025