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Brent Norling

👤 Speaker
496 total appearances

Appearances Over Time

Podcast Appearances

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Really huge litigation.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

And that's kind of thematic of a lot of director duty breach trials.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

They're complicated.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Last year, we got a decision from the high court where...

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

We just took a really simplistic view.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

We were like, what's the oldest debt?

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

It's probably the IOD.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Let's get the IOD information.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Turned out IOD debt had been outstanding for like two years.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

And our clients had paid deposits on to build houses and they had paid it after that period.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

And so we just said very simplistically, company was insolvent from the point of the oldest IOD debt.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

When our deposits were taken, it was reckless, and the director should be personally liable.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

So we got a judgment for 100 cents and a dollar against that director, plus our actual legal costs, which is very inconsistent with decades of decisions from the High Court.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

So because of that, it's actually, it actually costs a lot less to pursue directors now because you don't need all the forensic work that used to go into pursuing a director.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Yeah.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

So, well, well actually the creditors can just pursue that director directly, um, and just cut the liquidator out completely from that process.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Yeah, if you're a known creditor, the liquidator will write to you and you'll get a creditor's claim form that you can fill in.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

That puts you on their list.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

Most of the time, unsecured creditors are just not getting paid though.

Keep The Change
NZ Liquidations At A 15-Year High: What’s Really Happening? w Brent Norling

That's the reality.