Full judgment: SFO_v_Oleary__Ors.pdf
a
IN THE HIGH COURT OF NEW ZEALAND
TIMARU REGISTRY
CRI 2011-076-1948
[2013] NZHC 454
THE QUEEN
v
EDWARD ORAL SULLIVAN ROBERT ALEXANDER WHITE LACHIE JOHN MCLEOD TERRENCE WILLIAM HUTTON AND GRAEME ROBERT BROWN
Hearing: 8 March 2013 (at Christchurch)
Counsel: N F Flanagan and P Gardyne for Crown P H B Hall and K H Cook for Mr Sullivan R B Squire QC for Mr White Appearances on behalf of Messrs McLeod, Hutton and Brown excused
Judgment: 11 March 2013

[...]

The application
[1] On 31 October 2012, Messrs Sullivan, White, McLeod, Hutton and Brown were each committed for trial in the District Court at Timaru on charges arising out of the collapse of South Canterbury Finance Ltd (South Canterbury). The charges allege that the accused acted dishonestly, primarily in relation to the issue of prospectuses, between November 2004 and February 2010. South Canterbury was placed in receivership by the trustee for first ranking secured debenture holders on 31 August 2010. At the time of receivership, the deficiency to that class of creditors was approximately $1.58 billion.
[2] The Crown applies under s 28J of the District Courts Act 19471 to transfer the proceeding for trial in the High Court. The application is opposed by Messrs Sullivan and White. Messrs McLeod, Hutton and Brown each abide the decision of the Court.

[...]

[25] For those reasons, I have reached a firm conclusion that the trial should be transferred to the High Court for hearing. I make an order that the trial be transferred to the Timaru Registry of the High Court.
[26] I have been assigned as the trial Judge. I shall issue directions later today to progress the resolution of any pre-trial applications.
[27] Counsel should proceed on the basis that the trial, whether Judge alone or jury, will commence on 10 February 2014. Unless an order for change of venue were later made, the trial will take place in Timaru.

[28] I thank counsel for their assistance.

Full judgment: SFO_v_Oleary__Ors.pdf

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