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Hot Topic Hawke’s Bay
Hot Topic Hawke’s Bay
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Mainzeal liquidators reject claims totalling $16.7 million

The liquidator says his team has reviewed 1223 of the more than 1400 claims from creditors owed $153 million.

Paul McBeth
Thu, 31 Mar 2016

The liquidators of the Mainzeal group of companies that started collapsing on Waitangi Day in 2013 have rejected $16.7 million of claims, or about 11% of what's sought by out-of-pocket creditors.

The liquidator, BDO's Andrew Bethell, says his team has reviewed 1223 of the more than 1400 claims from creditors owed $153 million, rejecting about a 10th of them, according to the latest report on the administration.

Mr Bethell is looking to realise any remaining receivables and is pursuing legal action against Mainzeal's former directors that will help determine what, if anything, is paid out to creditors.

The liquidator filed papers in the High Court against Mainzeal's former directors, including ex-Prime Minister Jenny Shipley, principal Richard Yan, one-time Brierley Investments head Sir Paul Collins, Mainzeal chief Peter Gomm and Clive Tilby, claiming they breached their duties in relation to a series of restructuring two years before Mainzeal's collapse, reckless trading, and claims against other parties.

"The liquidators have secured third-party funding enabling them to conduct the litigation," Mr Bethell says in his report. "The matter is before the court and may take a significant amount of time to reach its conclusion."

All of Mainzeal's preferential creditors, including staff and Inland Revenue, have been paid and the liquidators expect to complete their review of unsecured claims by their next report in six months.

The Mainzeal liquidators have had to contend with court action from the construction group's principal, Mr Yan, who opposed the inclusion of Richina Global Real Estate (RGRE) and Isola Vineyards to the administration.

Court upholds appeal
Last year, the Court of Appeal upheld Mr Yan's bid to set aside the liquidation of RGRE and exclude Isola Vineyards, saying it was premature to do so before disputed debts were determined.

Before the hearing, the liquidators had complained about the veracity of information they had received relating to RGRE.

The liquidators had previously said they were investigating RGRE's transactions with related parties in New Zealand and internationally, including the restructures of related party debts that occurred around July and December 2012, saying the commercial rationale wasn't evident.

The December 2012 restructure saw the $15.2 million debt owed to Mainzeal Property & Construction transferred to MGL Trading in exchange for shares.

Related companies Mainzeal Property & Construction and Mainzeal Living were tipped into receivership on February 6, 2013, and 200 Vic joined them on February 13. Liquidators were appointed to the Mainzeal group later that month on February 28.

The receivership of Mainzeal Property & Construction left a surplus of $1.1 million for the liquidators of the wider group, who represent unsecured creditors.

The receivers were appointed by BNZ, which was owed $11.3 million, the bulk of which was over the Mainzeal headquarters building on Auckland's Victoria St.

(BusinessDesk)

Paul McBeth
Thu, 31 Mar 2016
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Mainzeal liquidators reject claims totalling $16.7 million
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