Claiming he was ripped off by his business associate, Glenn Tira decided on a ‘self-help’ remedy; carting away plant and equipment used by their construction company Shotcrete Auckland Ltd. The High Court ordered he pay Shotcrete $130,400 damages for company equipment not returned.
The decade-long business relationship between Mr Tira and Duncan McLay came to an abrupt end in 2020 when Mr Tira had his supporters break into Shotcrete’s yard, trucking away equipment.
He justified this move as needing equipment to finish current jobs.
Shotcrete’s speciality was application of wet sprayed concrete and waterproofing.
With Shotcrete now in liquidation, Mr Tira opened negotiations with its liquidator about buying or leasing the purloined equipment. Nothing was resolved.
The High Court was told some of this equipment was later delivered, with little explanation, to Turners Auctions. Turners sold this equipment on the liquidator’s behalf, grossing $434,300 for Shotcrete.
No progress was made in recovering the rest of the equipment.
The liquidator sued Mr Tira in tort for conversion. This required proof of deliberate conduct, depriving Shotcrete as the true owner from its use and possession of specified equipment.
The liquidator provided the court with an itemised list of equipment still missing.
Ruling Mr Tira liable in conversion, Justice Walker awarded Shotcrete damages of $130,400; the book value of missing equipment.
Mr Tira did not appear in court to defend the claim.
Shotcrete Auckland Ltd v. Tira – High Court (8.10.24)
25.007