11 October 2019

Constructive Trust: Avon Parnell Ltd v. Chevin

Bankrupted four times and with criminal convictions for dishonesty, Peter Louis Chevin is alleged to have fraudulently seized control of an Auckland property company, raising a million dollar loan on security of company assets.
Avon Parnell Ltd owns two properties in the Auckland inner city suburb Parnell.  On incorporation in 2015, ultimate ownership of the company lay with Auckland property developer Tim Edney.  It is alleged Mr Chevin, acting without authority, changed Companies Office records online in May 2019 naming Russell PKR Trustee Ltd as Avon Parnell’s sole shareholder and Mr Chevin’s associate Mr Clark Valmont as sole director.
In June 2019, Mr Edney’s son-in-law learnt a million dollar Kiwibank loan had been raised on Avon Parnell assets with $990,000 paid across to a bank account controlled by Mr Valmont.  Further transfer of this money was frozen by the High Court.
Avon Parnell sued, claiming the $990,000 frozen funds is held on constructive trust demanding the money be returned.  Late to file a defence, the High Court gave Mr Chevin seven days to get his defence filed in court.  Mr Chevin claims he has an agreement with Mr Edney to use Avon Parnell as a vehicle for the purchase of a family home.
The High Court was told Mr Chevin assisted with the 2015 incorporation of Avon Parnell.  It is alleged he retained Companies Office log-in and password details, later gaining online access to change ownership.
Avon Parnell Ltd v. Chevin – High Court (11.10.19)
19.178