JACKSON v KERR [2021] NZHC 3067

JACKSON v KERR [2021] NZHC 3067

Given the respondent's prolonged and partial non-compliance with prior sealed orders and timetabled directions, the Court declared non-compliance and imposed finalised disclosure orders and a sworn affidavit deadline to compel production of specified documents by 16 November 2021, reserving contempt and costs for further steps if non-compliance continues.

Citation
[2021] NZHC 3067
Parties
Applicants Receivers of Pyne Holdings Limited (in Receivership): Neale Jackson and Natalie Gythaburrett; Respondent Sole Director of Pyne Holdings Limited: George Charles Desmond Kerr
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 November 2021
Procedural Posture
Receivership Compliance Application Under the Receiverships Act 1993 / Interlocutory Hearing for Further Disclosure Orders and Pre Contempt Proceedings
Outcome
Declaration of non-compliance entered; orders compelling production of specified documents and an affidavit by 5pm NZDT 16 November 2021; no contempt order made at this time; telephone conference set for 9am 18 November 2021 to determine compliance and next steps including possible contempt hearing and costs
Legal Topics
Disclosure of Documents, Compliance With Court Orders, Directors' Obligations to Receivers, Costs (indemnity V 2 B)
Receivership Insolvency Company Law Contempt of Court Disclosure of Documents Compliance With Court Orders Directors' Obligations to Receivers Costs (indemnity V 2 B)

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Parties

Neale Jackson and Natalie Gythaburrett

Applicants Receivers of Pyne Holdings Limited (in Receivership)

George Charles Desmond Kerr

Respondent Sole Director of Pyne Holdings Limited

Procedural Posture

Receivership Compliance Application Under the Receiverships Act 1993 / Interlocutory Hearing for Further Disclosure Orders and Pre Contempt Proceedings

Legal Issues

  1. 1 Whether the respondent has failed to comply with prior court orders to produce documents and information to receivers
  2. 2 Scope of disclosure owed by a director to receivers (possession/control and privileged material)
  3. 3 Whether prospective contempt orders should be made and whether indemnity costs are justified

Ratio Decidendi

Given the respondent's prolonged and partial non-compliance with prior sealed orders and timetabled directions, the Court declared non-compliance and imposed finalised disclosure orders and a sworn affidavit deadline to compel production of specified documents by 16 November 2021, reserving contempt and costs for further steps if non-compliance continues.

Court Disposition

Declaration of non-compliance entered; orders compelling production of specified documents and an affidavit by 5pm NZDT 16 November 2021; no contempt order made at this time; telephone conference set for 9am 18 November 2021 to determine compliance and next steps including possible contempt hearing and costs

Orders

  • Declaration that George Charles Desmond Kerr has not complied with the Court's orders recorded at [3.1] and [3.2] of the Sealed Orders dated 15 June 2021 and [10(b)] of the Minute of Nation J dated 25 June 2021
  • Order that George Charles Desmond Kerr provide to the applicants by no later than 5 pm Tuesday 16 November 2021 (NZDT) the following documents: (i) Pyne Holdings Limited financial accounts 2012–2021; (ii) Pyne Holdings Limited tax returns for 2012 and 2015–2021; (iii) Pyne Holdings Limited statutory records such as...