Rinish Kunjumon says the truck is his, handed over by Maxconcrete Ltd in lieu of a debt owed. He now faces arrest for contempt of court after failing to hand back the truck to Maxconcrete liquidators under Companies Act ‘clawback’ rules.
After Maxcroncrete went into liquidation in October 2024, liquidators had trouble getting any information out of Auckland-based director Gurwinder Singh. One thing was clear, trucks owned by the company had disappeared. Police were informed of the apparent thefts.
One truck was tracked down to a Kelston address, the vehicle in possession of Rinish Kunjumon and being used by his business Ranita Handyman Services & Transport Ltd. He told liquidators the Hino Ranger was handed over in satisfaction of a debt owed by Maxconcrete.
Liquidators demanded its return. Companies Act clawback rules require company assets transferred in the six months prior to insolvent liquidation be returned, leaving the former owner as an unsecured creditor for any debt owed.
Mr Kunjumon did not co-operate, adamant the truck was now his.
He did not respond to liquidators’ High Court application forcing recovery.
When a repossession agent, armed with a court order for recovery, contacted Mr Kunjumon he was told arrangements would be texted next day for a handover address.
No text was sent. The truck disappeared, for a second time.
Back in the High Court, liquidators applied to have Ranita Handyman Services and Mr Kunjumon held in contempt of court.
Mr Kunjumon was given clear notice of the court order and its effect, Justice O’Gorman said.
A warrant for his arrest was issued, suspended for a week to give Mr Kunjumon one last chance to comply with the court order, handing over the truck.
Francis v. Ranita Handyman Services & Transport Ltd – High Court (5.08.25)
25.174