| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA186/2012 [2013] NZCA 83 |
| BETWEEN TREVOR ALLAN LUDLOW |
| AND THE QUEEN |
| Hearing: 12 February 2013 |
| Court: White, Simon France and Asher JJ |
| Counsel: Appellant in Person |
| Judgment: 27 March 2013 at 11.30 am |
JUDGMENT OF THE COURT
A The appeal against conviction is dismissed.
BThe appeal against sentence is adjourned to be heard with the appeal in Ludlow v R CA727/2012.
____________________________________________________________________
REASONS OF THE COURT
(Given by Asher J)
Introduction
Mr Ludlow was found guilty by Judge Bouchier after a trial before a Judge-alone at the District Court at Auckland on six counts of theft by a person in a special relationship, and one count of omitting a material particular from a document with intent to deceive.[1] On 20 October 2011, he was sentenced to five years and seven months’ imprisonment.[2]
[1] R v Ludlow DC Auckland CRI-2009-004-23758, 26 July 2011 [Conviction judgment].
[2] R v Ludlow DC Auckland CRI-2009-004-23758, 20 October 2011 [Sentencing notes].
Mr Ludlow appeals against both his conviction and sentence. He has appeared for himself on this appeal, as he did in the District Court. He has filed three volumes of material, including handwritten submissions.
Background
Mr Ludlow was the sole shareholder and director of National Finance 2000 Ltd (National Finance) at the date of its creation. National Finance went into receivership in May 2006.
His wife Carol Braithwaite and another became directors in April 2000, as did a barrister Anthony Banbrook in March 2002. One of the employees of the company was an accountant, John Gray. It was the Crown case that Mr Ludlow was in control of the company.
National Finance operated in the financial services market, offering motor vehicle finance. Members of the public were able to invest in the company through secured debenture stock and unsecured subordinated promissory notes. National Finance would offer finance to car buyers through licenced motor vehicle dealers. The loans were generally to purchasers who had poor credit or low income. The average loan size was $5,000.
Many of the loans were made to persons who purchased motor vehicles from the Payless Cars group of companies. Mr Ludlow was the sole director and shareholder of those companies. Those companies all went into receivership following the failure of National Finance.
Mr Ludlow had previously owned a different financial services company, National Finance Ltd, which had failed. In the 2005 prospectus for National Finance, there was reference to that earlier venture. It was stated that by 1997, National Finance Ltd had a shortfall in its accounts of $625,924. National Finance Ltd entered into a creditors’ compromise and as part of that compromise the creditors agreed to Mr Ludlow setting up a new finance company, National Finance 2000 Ltd.
Covenant Trustee Company (Covenant) was the trustee under the trust deeds. The trust deeds contained restrictions on related party lending. There were limits on the amounts National Finance could…
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- AGLC
- Ludlow v The Queen [2013] NZCA 83
- Case
- [2013] NZCA 83
- Decision Date
CaseChat Overview and Summary
The appeal against conviction is dismissed. The appeal against sentence is adjourned to be heard with the appeal in Ludlow v R CA727/2012.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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