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Mainzeal Creditors remain out of pocket due to appeal

The unpaid subcontractors and creditors, who were owed more than $115m after Mainzeal collapsed in 2013, will have to wait longer to receive any of the $36m awarded to them, due to an appeal lodged by the former directors.

Liquidators of the failed Mainzeal group of construction and building companies, Brian Mayo-Smith and Andrew Bethell of BDO, said the defendant’s move to appeal the comprehensive High Court decision is disappointing.

“The court judgement which clearly recognised the former directors, including Richard Yan and Dame Jenny Shipley, breached their director duties and were negligent in allowing the company to continue trading while insolvent, was emphatic,” said Mr Bethell.

“It is disappointing that the former directors have failed to accept this decision and acknowledge the pivotal role they played in the company’s collapse.

“Many creditors, who through no fault of their own, lost millions when Mainzeal was put into liquidation and were put into serious financial difficulty as a result. The $36m damages awarded by the High Court meant they would have received some compensation for the considerable losses they suffered.

“We remain committed to ensuring the former directors are held accountable for the significant losses caused. We will be working with our legal team over the coming days to determine our role in the Court of Appeal,” said Mr Bethell.

The liquidators, on behalf of the creditors, have 10 working days to file a cross-appeal.

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