The Press

Liquidator breached undertakin­g to court

- MARTIN VAN BEYNEN

The liquidator of companies connected with former double bankrupt Dave Henderson breached an undertakin­g to the court, a judgement has found.

However, since the breach was inadverten­t, no remedy or costs were awarded.

Henderson, who is one of a raft of defendants being sued by Auckland liquidator Robert Walker over the collapse of the Property Ventures Ltd (PVL) group, asked the High Court to hold Walker in contempt for disclosing personal informatio­n from Henderson’s laptop.

Walker obtained the informatio­n after police unlawfully seized the laptop in Christchur­ch in 2011.

The High Court gave Walker access to the laptop’s data in 2013 on an undertakin­g by Walker to not disclose irrelevant or privileged informatio­n.

The liquidator then provided the data to his solicitors who last year provided flash drives of the laptop’s contents (over 840,000 documents) to all the defendants in the court action by Walker over the group collapse.

Only two of the defendants – including Daniel Godden, a former employee of the PVL group – looked at the documents.

Walker, in his evidence, claimed Godden was a close associate of Henderson and had passed on the informatio­n to another Henderson associate, Christchur­ch businessma­n Ian Hyndman.

Walker said Hyndman intended to use the material in his own legal action against the liquidator.

Henderson accepted Walker’s breach was not wilful or deliberate but the fault of his lawyers.

Justice Lang said there could be no dispute Walker had disclosed the material in breach of an undertakin­g and was therefore in contempt of court.

Justice Lang said he accepted Henderson had been guilty of a significan­t delay in bringing the contempt applicatio­n and that Walker’s solicitors had done everything they could to remedy the breach.

‘‘I place significan­ce on the fact that Mr Walker has known from the outset . . . that Mr Henderson was insisting that the material downloaded from the laptop included a large amount of personal and irrelevant material.

‘‘Mr Walker should have been especially vigilant to ensure no breach occurred.

‘‘However given the circumstan­ces in which the breach occurred, the steps taken to remedy it and Mr Henderson’s delay in bringing the present applicatio­n I make no further order.

‘‘It follows that there will be no order for costs,’’ Justice Lang said.

 ?? PHOTO: FAIRFAX NZ ?? Liquidator Robert Walker, pictured, has been found in contempt of court on applicatio­n by Dave Henderson.
PHOTO: FAIRFAX NZ Liquidator Robert Walker, pictured, has been found in contempt of court on applicatio­n by Dave Henderson.

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