14 February 2017

Torchlight: Carolan v. NZ Real Estate

Having lost trust and confidence in George Kerr’s management of Torchlight Fund LP, investors sued in the Cayman Islands to wind up the Fund.
Mr Kerr is managing director of listed company Pyne Gould Corporation. Allegations of irregular related party dealings between Mr Kerr and Torchlight triggered investor concerns, specifically Torchlight’s purchase of a Wanaka property from companies associated with Mr Kerr.
To gather evidence for the Cayman Islands winding up application, Millinium Asset Services Pty Ltd asked the High Court at Auckland to release documents and the record of evidence from a 2016 trial between Mr Kerr and former business associate, merchant banker Michael Carolan.  At this trial Mr Carolan was ordered to repay $1.1 million used to buy a Remuera home.  Confidential and commercially sensitive documents featured in evidence.  The trial judge supressed publication of some.
Refusing Millinium access to the 2016 court file, Justice Edwards said the Cayman Islands court has ordered Torchlight to disclose a wide range of documents as part of the winding up procedure.  Cayman is the better forum to determine what should be disclosed and how disclosure should be controlled, she said.      
Accident Compensation Corporation is among investors seeking to wind up Torchlight.  Torchlight has counter-sued, alleging investors are conspiring to quit the partnership by unlawful means.
Carolan v. NZ Real Estate – High Court (14.02.17)

17.017