10 June 2024

Debt: Trow Group v. Horotiu Cartage & Hire

 

Demolition contractors Trow Group allege it was ripped off by Shane Holland’s Horotiu Cartage charging excess fees of some $118,000 for dumping construction waste cleared from a Waikato Kainga Ora site.  These allegations surfaced when Horotiu sought unsuccessfully to wind up Trow Group over disputed cartage and disposal charges.

The High Court was told Trow Group alleges Horotiu Cartage and Hire Ltd charged as if demolition waste was taken to waste processor Purpose Fill Ltd for processing when loads were in fact re-routed to another site, dumped as clean hard fill and billed at a lower rate.

Trow Group says it only became aware of the practice in October 2023, six months after an uptick in dumping charges.  It alleges scam billing saw it paying invoices for non-existent processing at Purpose Fill when the actual cost was lower dumping charges elsewhere as clean fill.  The differential charging was up to 800 per cent, it claims.

Trow Group stopped paying Horotiu’s cartage and dumping invoices while the dispute simmered.  Horotiu Cartage retaliated by taking steps to put Trow Group into liquidation.

Associate judge Taylor put Horotiu’s claim on hold.

There is a genuine and substantial dispute about the debt, he said.

A full court hearing is needed to consider Trow Group’s allegations of collusion between Purpose Fill and Horotiu Cartage to overcharge for waste disposal.

Trow Group Ltd v. Horotiu Cartage and Hire Ltd – High Court (10.06.24)

24.146