29 September 2017

Liquidation: Gemmell v. Norris

After conviction for theft, Nelson liquidator Patrick Dean Norris ground down replacement liquidators with ongoing litigation leaving them without cash and with little choice but closing down further investigations.
Ernst & Young insolvency specialists, Bruce Gemmell and Rhys Cain, took over liquidation of four companies after Norris was convicted in October 2012 of theft by a person in a special relationship.  Norris failed to account for $80,960 received in his capacity as liquidator of property company Astra Enterprises Ltd.  He claimed fees without justification, rendering false invoices.
Armed with a High Court “search and seizure” order, new liquidators sought to recover records held by Norris for the four companies.  They could not just march in and take the records as is normally done at the start of any liquidation; the companies were already in liquidation.  There was a real concern Norris might not voluntarily provide all required information, given his recent conviction for dishonesty.  Their access to any records was then disputed over a series of court cases, exhausting all resources of the companies in liquidation bar the $80,960 Norris is required to repay.  This has not been paid.  In the latest iteration of the “search and seizure” litigation, the new liquidators simply asked that the liquidations, except Astra Properties, be “closed down”.  It is not for the court to close down any liquidation in a “search and seizure” dispute, Justice Churchman ruled.  It is for liquidators to follow procedures in the Companies Act.  Norris is still liable personally to pay costs awards made against him in earlier litigation together with accrued interest, he said.       
Gemmell v. Norris – High Court (29.09.17)

17.126