Doubts cast over missing paperwork
The case was being heard in the High Court in Blenheim. Photo: File
Businessman Peter Mark and wife Jeannie Mark are at the centre of a High Court case being heard in Blenheim over unpaid compensation.
Their company PMT 2010 Ltd (In Liquidation) owes $102,551 to former customer, Jan Harnett, and her late husband Tom Harnett.
However, the Marks claim their company was unable to pay as their business had just $5000 in assets - it later sold for $2.3million.
The company was placed into liquidation in March 2015 by the Harnetts as petitioning creditor.
Tom died in 2017 without the couple receiving any of the money owed by the Mark’s company.
There are a number of disputed facts surrounding documents the Marks signed, the court heard.
One of the dispute centres on whether monies owing to the company from the new owners of the business (in the form of a loan) were correctly repaid to the Marks - instead of the liquidator of the company.
Appearing before Justice Jason McHerron on Friday, Peter Mark told the court he had relied on experts to ensure he got the right advice.
He emphasised he had been acting on professional advice and in good faith.
“I assume that the professional has it right. When Mr Boon prepared the insolvency documents, he did not advise me that I needed to set aside monies for the Harnetts,” Mark said.
Mark told Trevor Shiels Barrister KC he had some difficulty understanding parts of the paperwork.
Supported by his wife and family sitting in the public gallery Mark told how he had instructed his accountant, David Boon, from David Boon Accountant Ltd, to supply all files to the appointed liquidator.
But he admitted it appeared that had not always been done and he had not seen some of the documents now lodged as part of the case.
He had earlier told the court he had struggled with some learning difficulties at school.
“I rely on my accountant and solicitor to guide me...I was relying on Mr Boon to competently guide us through what was needed for the process...
“If they are being explained to me I can get a grasp what the document is talking about.”
The hearing is set to finish on Wednesday 7 August.
Following the completion of the hearing the Judge will issue his decision in due course.