27 July 2017

Yarrow: Yarrow v. Finnigan

The courts are becoming impatient with delays by Paul Yarrow in his attempts to lay the ghosts of Yarrow group’s 2011 receivership.  His $90 million claim against business adviser Michael Finnigan was struck out because of inexcusable delays.  A related claim against his parents’ estates and their charitable trust was put on hold, likely to be struck out if court papers are not filed promptly.
Yarrow Bakeries had been an iconic Taranaki business for several generations until dismembered after receivership in May 2011.  Receivership followed an acrimonious split between director Paul Yarrow and his fellow board members and the subsequent collapse of a partial sale to Japanese company Sumitomo.
There has been a history of family infighting following a 2003 deed of family arrangement.  Father Noel decided to cede control of the Yarrow group to one son, John, subject to his other son Paul receiving an equalising payment.  The two brothers then fell out.  They patched up their differences with a 2005 agreement; Paul bought out John for $45 million.  Three years later, Paul was in court suing John for $10 million alleging his brother had misrepresented the value of the business sold.  This claim was settled out of court in 2009; all parties agreeing to enter into good faith negotiations to restructure Yarrow’s finances.
Subsequent to the Yarrow receivership, Paul sued business adviser Mr Finnigan for $90 million alleging Mr Finnigan was to blame for the failure of the Yarrow group.  Paul also alleged Mr Finnigan was party to misrepresentations about Yarrow’s value at the time of his 2005 purchase.  This claim was struck out by Justice Williams as being an abuse of the court process.  Over a period of six years there had been continual and persistent delays in both filing court papers and complying with procedural court orders.   
The court was told Paul Yarrow currently also has underway testamentary promises and family protection claims against both estates of his parents and a claim against their Queensland-based charitable trust.  These are actions against Mr Finnigan in his roles as either executor or trustee.  Paul claims $A22 million together with $NZ20 million.  In part, this mirrors the related claim struck out against Mr Finnigan, said Justice Williams.  Paul Yarrow alleges Mr Finnigan as trustee of the Yarrow charitable trust wrested control of the Yarrow group from him by not approving the Sumitomo deal.  Paul says the deal would have retired group debt and kept Yarrow alive as a business.
Justice Williams gave Paul Yarrow one last chance to sort out his claim against his parent’s estates and their charitable trust.  Specific details of his claim must be filed by early September.  Paul Yarrow does not have a lawyer acting on his behalf.  He told the court he is penniless.
Yarrow v. Finnigan – High Court (27.07.17) and Yarrow v. Yarrow Charitable Trust - High Court (28.07.17)

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