Directors of various failed Blue Chip businesses could be
chased for the financial collapse.
Jeff Meltzer, Lloyd Hayward and Arron Heath, of Meltzer Mason
Heath, liquidators of many Blue Chip companies, are examining
the chances of hunting down directors for breaches of the law
and reckless trading.
The latest six-monthly report on some blue chip companies
delivered a glimmer of hope to about 2000 investors owed
about $80 million.
"The liquidators have continued with their investigations
into possible breaches by directors of reckless trading and
other provisions of the Companies Act 1993 and potential
claims arising from advice given to the Blue Chip Group in
relation to its products.
"They are awaiting an opinion from Queen's Counsel on
possible causes of action and the strength of any claims that
may be made," liquidator Lloyd Hayward said in his report on
one business, Bribanc Property Group, whose sole director is
Neil Bell.
Rikki Flowerday is a director of some of the other companies.
If the liquidators decided their chances were good, they said
they would then need to hatch a funding proposal.
This would need to be promoted to "potential funders" but the
chances of success were uncertain.
"There is no certainty that the existence of such claims will
be confirmed, nor is there any certainty that the liquidators
will be able to obtain funding on the strength of such
claims," they said.
The liquidators have already had funding from the Ministry of
Economic Development's liquidation surplus account which put
up money to assist them.
But the liquidators also noted the lack of litigation success
when the finance business was accused of breaching its duty
of care to investors by lending them money which they then
used to buy Blue Chip apartments.
The High Court found the finance company did not owe them a
duty of care, the liquidators noted.
Mark Bryers, co-founder, was made bankrupt in October owing
an estimated $173 million to creditors, they said.
Mr Hayward said the updates on the other companies all
contained the same information.
An update had not been issued yet on Blue Chip New Zealand
Ltd because it was not due now, he said.
Bribanc's report said the liquidators' view was it was
unlikely creditors would get money.
"Any recovery action[s] that may be pursued by the
liquidators will require funding which may or may not be
available in the current economic climate," the report said.
Bryers will appear for sentencing on various charges in the
Auckland District Court on May 20.
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