02 March 2016

Insolvency: Willburn Furniture v. Gledhill

Mathew Gledhill has been ordered to pay $122,400 after milking assets out of his Christchurch company Willburn Furniture and Restorations Ltd leaving creditors unpaid.
The Gledhill family’s antique furniture and restoration business received insurance payments totalling $322,000 after its central Christchurch premises were destroyed in the February 2011 earthquake.  Four years later, the company was in liquidation with no assets and creditors unpaid.  Inland Revenue was owed the most: $96,765.
The High Court was told company cash had been used by Mr Gledhill to pay personal expenses for clothing, groceries, dining out, alcohol and entertainment with additional drawings in cash.  Some of the money was traced to the purchase of a vessel called the “Calanthe” and to berth rental fees in Port Marlborough.  A Nissan Caravan van owned by the company was transferred to a new owner just three days before liquidation.  The company received no payment.  A public auction of company stock and equipment realised $33,680.  This was paid into the bank account of Mr Gledhill’s son, Cameron.  He subsequently repaid $11,000 to the company, but claimed the balance retained was from the sale of private assets and family heirlooms. The two did not defend legal action taken by Willburn liquidators to recover creditor losses.
Justice Dunningham ruled Mathew Gledhill was in breach of Companies Act directors’ duties.  He did not act in good faith, he used his powers as a director for improper purposes and he acted recklessly by taking company assets leaving creditors unpaid.  He was ordered to pay the $122,400 creditors' shortfall plus liquidation costs of $26,100.  Liquidation was a direct consequence of his breach of directors’ duties and was made more difficult by his lack of co-operation with the liquidator and his provision of conflicting and unsupported explanations for use of company cash, Her Honour said.
Cameron Gledhill was held liable to repay $22,680, breaching the Property Law Act by taking money received from the auction of company assets.
Willburn Furniture v. Gledhill – High Court (2.03.16)

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