Creditor offers no evidence in John Kirk case

Press, 26 July 1984, Page 7

Creditor offers no evidence in John Kirk case

PA Wellington Proceedings against the former Sydenham member of Parliament, Mr John Kirk, were adjourned in the High Court at Wellington yesterday after the petitioning creditor company offered no evidence. The proceedings will resume on Monday. Mr Justice Savage agreed to replace the petition of the original claimant, a wine and spirit merchant, Preston and Company, Ltd, with that of the Trustee Bank Canterbury. Counsel for Preston and Company, Mr Kevin Smith, told the Court he was not able to offer evidence so far as the company as concerned. He appeared for another eight creditors, and another counsel appeared for other creditors.

Mr Smith applied for one of the other creditors, the Trustee Bank Canterbury, which was owed $2660, to be substituted for Preston and Company. “Whatever the assets the debtor may have in this country, and they are not known, it is known that property has been sold, though we have not been able to ascertain whether all of his property has been sold,” Mr Smith said. “Regardless of publicity or attempts to locate the debtor, we don’t know where he is.” Mr Smith said he was now trying to protect a large number of other

creditors. He said there was a real fear among creditors that the matter could be defeated if it were not dealt with urgently. “I have a report that an attempt has already been made to remove moneys payable from Parliament,” Mr Smith said. Mr Justice Savage said he was concerned that the original petition was in the name of Preston and Company, and there were affidavits of numerous creditors supporting that petition, and yet the petitioner offered no evidence. “And you are not in a position to tell me why,” he said. “One would have thought that the petitioning creditor, having originally obtained the support of all these numerous other creditors and obtained affidavits from them in support of his petition, somebody would be in a position to say what has happened.” Mr Smith: It is a position that intrigued me greatly. I was advised of the stand of the company, Preston and Company, Ltd, at approximately 10 to 10 this morning, the witness having not turned up at the appointed time for the briefing of evidence. He was told by a representative of the company that it did not want to take the matter further. Mr Smith then asked for an amendment to name the creditor as the Trustee Bank Canterbury.