A further guilty plea was made yesterday in the Auckland District Court by one of the defendants charged for his role in a scheme to defraud Dunedin-based vehicle finance company Motor Trade Finances Ltd (‘MTF’), following an investigation by the Serious Fraud Office (SFO).

Karl Sean Toussaint (40) pled guilty to five charges of obtaining funds by deception under the Crimes Act. The charges carry a maximum penalty of seven years. Late last year, fellow accused Clark Anthony Lewis (35) and Stewart Travis Saunders (43) pled guilty to charges of obtaining funds by deception for their roles in the scheme.

Four other defendants also appeared in Court in relation to similar charges. They have been remanded for trial beginning 4 March 2013.

The SFO laid a combined total of 110 charges against seven individuals in August as a result of allegations made against Mark James Whelan (38), formerly an Auckland-based retail dealer for MTF and later a franchisee of the company.

It is alleged that while in those positions and between July 2005 and February 2009, Mr Whelan wrote a number of loans in the names of family, friends and associates using various non-existent assets as security. He is accused of obtaining loans totaling $4.9 million and using those funds for personal gain, including the purchase of land, servicing of personal debts, and investing in a futures trading scheme.

Mr Toussaint was accused of signing five contracts that falsely represented that a loan from MTF was secured against specified assets. These assets did not exist.

Mr Whelan is facing 25 individual charges and 41 joint charges of obtaining by deception under the Crimes Act.

The other individuals facing joint charges under the Crimes Act for their roles in obtaining illegal funds under Mr Whelan’s scheme are: Richard Michael Barnett (43), 16 charges; Jonathan Earle Chiswell (35), three charges; and Brett Royce Donaldson (49), seven charges. Mr Chiswell and Mr Whelan are also facing a further three joint charges.

Mr Toussaint has been remanded on bail to next appear for sentencing on 11 May 2012.

For further information

Andrea Linton
Serious Fraud Office
Phone: 027 705 4550

Background to investigation

From March 2005 Mark James Whelan was a Retail Dealer for Motor Trade Finances Ltd (‘MTF’), and became a franchisee of the company in January 2008. While Mr Whelan was in those positions he is accused of writing a number of loans in the names of family, friends and associates using various non-existent assets as security. In early 2009 these loans went into default and MTF were unable to locate those assets for repossession.
A complaint was submitted to the SFO on 17 September 2010.

After considering the complaint the Director determined that there was reason to suspect that an offence involving serious or complex fraud may have been committed. An investigation under Part I of the Serious Fraud Office Act 1990 (“Act”) was commenced in September 2010. This was elevated to a Part II investigation on 15 November 2010. Charges were laid and the defendants first appeared in September 2011.

Source: Serious Fraud Office Media Release

Hirequip Limited made an application to place QUALITY BUILDING & HOME SOLUTIONS LIMITED in liquidation.

The application, dated 23 December 2011, is to be heard by High Court at Auckland on Wednesday, 9 May 2012 at 10.00am.

Reference number: CIV-2011- 404-8336

Companies Office records for QUALITY BUILDING & HOME SOLUTIONS LIMITED list the following as Director/s.

• Keith Brown MCWALTER of 71 Lauderdale Road Birkdale Auckland

Plaintiffs address for service: is care of Debtworks (NZ) Limited, Level 1, 1-3 Rhone Avenue, Te Atatu Peninsula, Auckland. Postal Address is PO Box 45288, Te Atatu, Auckland 0651. Facsimile: (09) 834-1295.

The plaintiff’s solicitor is: Marie Devoy, whose address is as noted above.

Dated this 16th day of February 2012.

The above Public Notice of ‘Advertisement of Application for Putting Company into Liquidation’ is in an abbreviated format to that advertised, and in most cases (unless otherwise stated) it is assumed that the following will apply:

• A person, other than the defendant company, who wants to appear at the hearing of the application, must file an appearance not later than the second working day before that day.
• The statement of claim and the verifying affidavit may be inspected at the registry of the court or at the plaintiff’s address for service.
• You may obtain further information from the registry of the Court or from the plaintiff’s solicitor.

BIG QUALITY PRINT LIMITED was put into Liquidation on the 28 Feb 2012 by 241(2)(a) – Special Resolution of Shareholders.

Companies Office *records for BIG QUALITY PRINT LIMITED list the following as Director/s:

• Grant Neville TANSEY of 16 Elsfield Place Torbay Auckland

The Liquidator is:
John GILBERT of C & C STRATEGIC LTD
Private Bag 47 927, Ponsonby, Auckland 1144.
Phone: 09 376 7506

Liquidator reports: Liquidator First Report due 05 Mar 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

TWOSTARZ TRUSTEE LIMITED was put into Liquidation on the 28 Feb 2012 by 241(2)(a) – Special Resolution of Shareholders.

Companies Office *records for TWOSTARZ TRUSTEE LIMITED list the following as Director/s:

• Andrew John AYLING of 38 Whitford Park Road Howick Auckland
• Christopher Owen BAILEY of 4 Kiri Place Mairangi Bay North Shore City
• Derek John SYME of 104 Waipapa Place Rd 2 Coromandel

The Liquidator is:
Gareth HOOLE and Kevin PITFIELD – STAPLES RODWAY CHARTERED ACCOUNTANTS
Po Box 3899, Auckland 1041.
Phone: Gareth 09 373 1136 or Kevin 09 309 0463
Email: gareth.hoole@staplesrodway.com or kevin.pitfield@staplesrodway.com

Liquidator reports: Liquidator First Report Filed: 29 Feb 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

CITIGROUP GLOBAL MARKETS FINANCE LIMITED was put into Liquidation on the 28 Feb 2012 by 241(2)(a) – Special Resolution of Shareholders.

Companies Office *records for CITIGROUP GLOBAL MARKETS FINANCE LIMITED list the following as Director/s:

• Luke Anthony RANDELL of 34 Beatty Street Balgowlah Nsw 2093 Australia
• Andrew John AYLING of 38 Whitford Park Road Rd 1 Howick
• Derek John SYME of 104 Waipapa Place Rd 2 Coromandel

The Liquidator is:
Gareth HOOLE and Kevin PITFIELD – STAPLES RODWAY CHARTERED ACCOUNTANTS
Po Box 3899, Auckland 1041.
Phone: Gareth 09 373 1136 or Kevin 09 309 0463
Email: gareth.hoole@staplesrodway.com or kevin.pitfield@staplesrodway.com

Liquidator reports: Liquidator First Report Filed: 29 Feb 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

BRAND MANAGEMENT LIMITED was put into Liquidation on the 24 Feb 2012 by 241(2)(c) – Court.

Companies Office *records for BRAND MANAGEMENT LIMITED list the following as Director/s:

• Virginia Gaie ELLIS of 314a St Heliers Bay Road St Heliers Auckland

The Liquidator is:
Official Assignee – New Zealand Insolvency and Trustee Service
Private Bag 92513, Wellesley Street, Auckland 1141.
Phone: 0508 467 658
Email: Anitha.Nimmagadda@insolvency.govt.nz

Liquidator reports: Liquidator First Report due 29 Mar 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

INHOC TRANSPORT LIMITED was put into Liquidation on the 28 Feb 2012 by 241(2)(a) – Special Resolution of Shareholders.

Companies Office *records for INHOC TRANSPORT LIMITED list the following as Director/s:

• Wendy Joy CROOK and Phillip George Brockton CROOK of 155 Finlayson Road Rd 1 Pokeno

The Liquidator is:
Kenneth BROWN and Paul CLARK – RHB CHARTERED ACCOUNTANTS LIMITED
Po Box 15 660, Tauranga, 3144.
Phone: 07 571 6280

Liquidator reports: Liquidator First Report Filed: 06 Mar 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

ABSOLUT FENCE & LANDSCAPE LIMITED was put into Liquidation on the 24 Feb 2012 by 241(2)(c) – Court.

Companies Office *records for ABSOLUT FENCE & LANDSCAPE LIMITED list the following as Director/s:

• Sean Mcgregor JAMES and Sharon Antonia JAMES of 5 San Carlo Court Henderson Waitakere

The Liquidator is:
Official Assignee – New Zealand Insolvency and Trustee Service
Private Bag 92513, Wellesley Street, Auckland 1141.
Phone: 0508 467 658
Email: sharm.rajoo@insolvency.govt.nz

Liquidator reports: Liquidator First Report due 29 Mar 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

D & D MANUFACTURING LIMITED was put into Liquidation on the 24 Feb 2012 by 241(2)(c) – Court.

Companies Office *records for D & D MANUFACTURING LIMITED list the following as Director/s:

• Stephen Charles PENNEY of 286 Kohimarama Road Kohimarama Auckland

The Liquidator is:
Official Assignee – New Zealand Insolvency and Trustee Service
Private Bag 92513, Wellesley Street, Auckland 1141.
Phone: 0508 467 658
Email: peter.ellis@insolvency.govt.nz

Liquidator reports: Liquidator First Report due 29 Mar 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.

ROGER KIRK LIMITED was put into Liquidation on the 23 Feb 2012 by 241(2)(b) – Board of Directors.

Companies Office *records for ROGER KIRK LIMITED list the following as Director/s:

• Judith Mary KIRK of 559 Palmer Mill Road Rd 1 Taupo

The Liquidator is:
Paul WILSON of DPA LIMITED
Po Box 926, Taupo 3351
Phone: 07 376 0366
Email: paul@dpa.co.nz

Liquidator reports: Liquidator First Report Filed: 28 Feb 2012

A company can be placed into liquidation in one of the following ways:

Through a ‘Special Resolution of Shareholders – 241(2)(a)’ including Solvent Liquidations; or

A decision of the ‘Board of Directors – 241(2)(b)” of the company following an event specified in the company constitution to cause liquidation; or

A ‘Creditors Resolution Passed at Watershed Meeting – 241(2)(d)’; or

The High Court makes an order following an application to the ‘Court – 241(2)(c)’ by either the company, a director, a shareholder or a creditor of the company; or

‘Vacancy in Office – 283(8)’, an existing Liquidator resigns and is replaced.

* As at the time of posting of this notice, and may have changed since.