24 July 2018

Fraud: Nguyen v. Kennedy

Convicted of fraud in Australia and bankrupt in New Zealand, Rebecca Ange Kennedy was ordered to repay $653,000 stolen in a property swindle. Her mother, Youen Chen, was found liable for repayment in part; $517,130.
The property swindle centred on a nail bar in Wellington’s Cuba Street, operating as LA Nail Care Ltd.  Owned by the Nguyen family, it offered manicures and pedicures. Ms Kennedy was a customer.  She learnt the Nguyens were concerned about losing their Cuba Street lease; the landlord was selling.  Ms Kennedy proposed an arrangement in which she would act as a go-between, enabling the Nguyens to buy the property.  Over a period of five months she extracted $653,000 from them: just over $135,000 went to Ms Kennedy; some $517,000 into her mother’s bank account.  The supposed Cuba Street purchase was a con.  The Nguyens confronted her over the fraud.
Associate judge Johnston ordered repayment of the full $653,000.  Youen Chen is personally liable to repay the $517,000 she received.  Judge Johnston ruled the Nguyens could seize and sell any assets purchased with the misappropriated money.  There was evidence that Ms Chen used some of the money to purchase a property in Mewburn Rise, Karori, where Ms Kennedy has been living.
Nguyen v. Kennedy – High Court (24.07.18)
18.146