IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2015-409-000173
[2021] NZHC 388
BETWEEN BALLANTYNE TRUSTEES LIMITED and
S B KEUNG as trustees of the GBR Trust First Plaintiffs
AND
SENG BOU KEUNG
Second Plaintiff
AND
HFK LIMITED
First Defendant
AND
KEIRAN ANNE HORNE
Second Defendant
Hearing: 3 February 2021
(Submissions received 26 February 2021)
Appearances:
M J Tingey for Plaintiffs
M E Parker and J Eckford for First and Second Defendants
Judgment:
5 March 2021
JUDGMENT OF ASSOCIATE JUDGE PAULSEN
This judgment was delivered by me on 5 March 2021 at 11.00 am pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
BALLANTYNE TRUSTEES LTD v HFK LTD [2021] NZHC 388 [5 March 2021]
The background
[1]This judgment concerns applications by the plaintiffs that the defendants:
(a)provide further and better discovery; and
(b)make a further answer to interrogatories.
[2] I deal with each application separately below, but first it is necessary to provide some context.
[3] This litigation relates to events that occurred in 2009 but it was not commenced until March 2015. It has not been progressed promptly or efficiently and for a lengthy period it was stayed. There have been many interlocutory skirmishes and non- compliance with timetabling orders. The parties should be working to a pre-trial timetable. The close of pleadings date has passed and the plaintiffs’ briefs of evidence are to be exchanged by 5 March 2021 with the defendants’ briefs required by 23 April 2021. The trial is scheduled to commence on 21 June 2021.
[4] The plaintiffs are shareholders in Goose Bay Ranch Holdings Ltd (in liq) (GBRH) and wholly owned subsidiaries (the companies). The second defendant (Ms Horne) was a chartered accountant employed by the first defendant (HFK). During 2009, Ms Horne and David Crichton were appointed interim liquidators and then liquidators of the companies. They had high profiles as insolvency practitioners. Mr Crichton has since retired and Ms Horne no longer practises as a liquidator. She has sworn an affidavit stating she now has no connection with HFK. HFK no longer carries on business. It merged its practice with another accounting firm in 2016 to form Nexia Christchurch Ltd. It owes its continued existence to the plaintiffs’ pursuit of this litigation against it.
[5] The plaintiffs’ latest pleading is an amended statement of claim of 25 November 2015. It contains two extant causes of action.1 The plaintiffs allege Ms Horne and HFK breached various duties owed to the companies and were
1 The plaintiffs were refused leave to pursue a third cause of action under s 284 Companies Act 1993 in Ballantyne Trustees Ltd v HFK Ltd [2016] NZHC 917.
negligent in the manner in which the interim liquidations and liquidations were conducted. The alleged breaches of duty are inadequately particularised in the amended statement of claim. Mr Tingey acknowledges a further amended statement of claim will be required. The quantum of damages is not pleaded but Mr Tingey…
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- Case
- [2021] NZHC 388
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