IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CRI 2011-076-1948 [2014] NZHC 2501
THE QUEEN
v
EDWARD ORAL SULLIVAN, ROBERT ALEXANDER WHITE and LACHIE JOHN McLEOD
Hearing: 12, 13, 17, 18, 19, 21, 24, 25, 26, 27, 31 March 2014
1, 2, 3, 4, 7, 8, 9, 14, 15, 16, 28, 29, 30 April 2014
1, 2, 5, 6, 7, 8, 9, 13, 14, 15, 22, 26, 27, 28, 29, 30 May 2014
3, 4, 5, 6, 10, 11, 12, 17, 18, 19, 20, 24, 25, 26, 27 and
30 June 2014
21, 23, 24, 28, 30 July 2014
5, 6, 7, 8, 12, 13, 14, 15, 16 and 18 August 2014Counsel:
C R Carruthers QC, N F Flanagan, P W Gardyne and
E Rutherford for Crown
P H B Hall QC, M A Corlett and K H Cook for Mr Sullivan
R B Squire QC for Mr White
J H M Eaton QC for Mr McLeodVerdicts:
14 October 2014
Reasons:
14 October 2014
REASONS FOR VERDICTS OF HEATH J
Solicitors:
Serious Fraud Office, PO Box 7124, Wellesley Street, Auckland
Meredith Connell, PO Box 2213, Auckland
Gresson Dorman & Co, PO Box 244, Timaru
Rhodes & Co, PO Box 13444, Armagh, ChristchurchDuncan Cotterill, PO Box 5, Christchurch
Counsel:
C R Carruthers QC, PO Box 305, Wellington P H B Hall QC, PO Box 3750, Christchurch R B Squire QC, PO Box 10157, Wellington
J H M Eaton QC, PO Box 13868, Armagh, Christchurch
M A Corlett, PO Box 4338, Shortland Street, Auckland
R v SULLIVAN [2014] NZHC 2501 [14 October 2014]
Contents
1. Verdicts [1] 2. Structure of reasons [8] 3. Reasons for verdicts – legal requirements [12] 4. South Canterbury’s business environment: 2004–2010
(a) A culture of concealment?
[15]
(b) Rapid growth: 2004 – mid 2008 [18] (c) Effect of financial crises: mid 2008–2010 [23] 5. Governance and management
(a) Introduction
[26]
(b) Board dynamics [27] (c) Mr Hubbard’s role [46] (d) Accounting systems [52] (e) Loan authorities [59] (f) Related party lending [64] (g) Delegations from directors to management [81] (h) “Knowledge” of prospectuses and financial statements [85] 6. The Trust Deed [99] 7. The Guarantee Scheme
(a) The reasons for the Guarantee Scheme
[108]
(b) South Canterbury’s application to enter the Scheme [117] (c) South Canterbury’s processes [128] (d) An attempt to amend the Guarantee Deed [138] (e) The final form of the Guarantee Deed [140] 8. The transactions
(a) The Shark transactions
(i) Shark 1 [143] (ii) Shark 2 [164] (b) The Woolpak transaction [179] (c) The Hyatt transactions (i) Introductory comments [220] (ii) The Hilltop transaction [226] (iii) The Quadrant transaction [277] (d) The Dairy Holdings transaction [297] (e) The Kelt transaction [314] 9. The $150 million banking facility [355] 10. Debt impairment [358] 11. The financial reporting environment [362] 12. The indictment and its particulars
(a) The form of the indictment
[373]
(b) The prospectus charges: Counts 1–5 [378] (c) The “theft” charges: Counts 6–8 [387] (d) The…
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- Case
- [2014] NZHC 2501
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CaseChat Overview and Summary
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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