23 February 2018

Liquidation: CIT Holdings v. Olliver

Developer Gregory Olliver lost his battle for control of over 10,000 square metres of prime land in Auckland’s eastern suburbs.  The High Court ordered a caveat be removed enabling a liquidators’ sale to Oceania Healthcare go ahead.  It further ordered Mr Olliver vacate immediately rent free housing where has been living on site.
Listed company Oceania plans to build a retirement village on a Waimarie Street site in St Heliers.  The site is owned by Mr Olliver’s company CIT Holdings Ltd, now in liquidation.  Disputes over control of CIT have seen sequential High Court litigation first between Mr Olliver and his former spouse and then between Mr Olliver and liquidators of CIT.
Back in 2009, CIT purchased Waimarie Street with a $6.75 million Bank of New Zealand loan.  BNZ is unpaid.  The loan has now ballooned out to more than $14.5 million with interest accruing at about $100,000 per month.  CIT is in liquidation with debts in excess of $22.5 million.
The High Court was told Mr Olliver has resisted all efforts by the liquidator to sell Waimarie Street.  He has made multiple offers to buy, all of which were refused.  He created a security deed in his favour, later invalidated by the High Court, attempting to appoint receivers to take control of the land.  When CIT liquidators were about to settle the Waimarie Street sale to Oceania in December 2017, Mr Olliver lodged a caveat against the land blocking the deal.  He claims an interest in the land arising from a trust.
Justice Peters ordered removal of the caveat.  Liquidators had managed to get the best price possible.  They are obliged first to pay off BNZ and CIT’s preferential creditors.  Mr Olliver’s claimed right to share in anything that might be left could be dealt with later.  The court was told liquidators’ costs and legal expenses to date have run to some $450,000.  The price Oceania is paying was not disclosed.
Mr Olliver was also ordered to shift out of a residence at 22 Waimarie Street.  This property covers nearly 3000 square metres.  He had no lease or tenancy agreement with CIT Holdings entitling him to stay.  He had not been paying rent.  The liquidators’ earlier attempt to get a Tenancy Tribunal order removing Mr Olliver failed.  With no tenancy agreement, the Tribunal had no jurisdiction.
CIT Holdings Ltd v. Olliver – High Court (23.02.18)

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