Family’s 20-year fight for justice

Melissa Cuff’s parents, Tom and Jan Harnett, were awarded the money in court-ordered reparations in 2013 following the installation of faulty tiles.

But the owners of Blenheim PMT 2010 Ltd (In Liquidation) Peter and Jeannie Mark, are yet to pay any money.

Tom died in 2017 at the age of 78 years old, never having seen a cent of the money owed, Melissa says.

Attending the High Court in Blenheim on Monday and Tuesday, Melissa accompanied her mum, 83, as they sat in the public gallery.

Her father was very much in their thoughts, she says.

“He was never going to give up and it’s not just about the money now, it’s about the principle; how can this still be going on after 20 years and eight court cases.

“They’ve fought this all the way and are still fighting it.”

High Court Judge Justice Jason Scott McHerron heard opening statements on Monday in a case expected to run until Friday.

Melissa says her parents were living in Kaikōura when they had floor tiles installed in several rooms of their new-build by a PMT 2010 Ltd (In Liquidation) contractor in 2006.

She says the tiling job was not up to standard and her parents refused to pay the balance of $32,835 until the work was completed properly.

Peter Mark, then a co-owner of Peter Mark FloorPride in Blenheim, initiated court proceedings in 2013 after the couple refused to pay $33,000 owing for the work.

But a counter claim by the couple was successful, with a court judgment ruling in their favour in 2013 for the cost of replacing tiles, consents, damages and disbursements.

The judge awarded $102,551 in total, but Peter claimed the company could not pay and it was put into liquidation.

“After the court hearing and judgement to my parents, Peter Mark went before a judge under oath in court for interview and provided financial records compiled by their registered accountant to state they had approx $5,000 in their company bank account,” Melissa explains.

“My parents placed them into liquidation.”

Peter Mark FloorPride was sold in 2008 for $2.3million. The current owners are not involved in the case.

Melissa says the drawn-out case has gradually taken its toll.

“For mum’s point of view, from an elderly lady’s point of view, she finds it difficult to understand why the debt hasn’t been paid.

“This is 20 years and eight court cases of not paying; it makes a mockery of the court system.

“What this has taught me is, if you’re in trouble, don’t say anything.”

The company was placed in liquidation in March 2015, liquidator Iain Nellies is seeking recovery of significant monies owed to the company by parties associated with Peter and Jeanette Marks.

Other defendants are Wishart MacNab & Partners Trustee Company Ltd and David Paul as trustees of the Mark Family Trust.

The hearing continues.