Here you have Liquidators acting without authority.

Re: Urgent concerns regarding liquidation, receivership, disputed security documents, bank-account restrictions, asset realisation, service of proceedings, and connected NZTA conduct

 

Dear Ms Zhang,

Thank you for your email and for providing copies of the appointment documents and the General Security Agreement.

We note the assertions contained in your correspondence. Those assertions are not accepted and remain subject to verification.

In particular, we note your statement that the Receivers appointed Khov Jones as Liquidators of Worthington Forest Solutions Limited pursuant to section 241(2)(a) of the Companies Act 1993. Please identify the precise statutory authority relied upon for that appointment and provide all documents evidencing the legal entitlement of the appointing party to make that appointment.

We also note your statement that the Company’s bank accounts have been frozen pursuant to section 261 of the Companies Act 1993. Please identify the specific authority under which those instructions were issued, together with copies of all notices, directions, and communications provided to the banking institutions.

As previously requested, we require full documentary disclosure before any substantive discussion can occur. Without limitation, this includes:

• complete proof of the alleged indebtedness;
• the full accounting records relied upon to establish the debt;
• copies of all loan agreements, guarantees, securities, variations, and supporting documents;
• copies of every notice of default, demand, acceleration notice, enforcement notice, and any certificates relied upon;
• confirmation of the property said to be secured under the General Security Agreement;
• copies of the Receivers’ authority and any documents evidencing the basis upon which they exercised their powers;
• copies of all documents relied upon in appointing the Liquidators;
• copies of all reports, inventories, valuations, correspondence, file notes, and records created since the appointments.

We further require confirmation that all books, records, electronic communications, accounting records, emails, text messages, cloud data, banking records, and electronically stored information relating to Brent Worthington and Worthington Forest Solutions Limited are being preserved and that no documents or electronically stored information will be destroyed, altered, or deleted while these matters remain in dispute.

Until the requested disclosure has been provided and considered, all communications are to remain in writing through the undersigned acting on behalf of the Trustees and Brent Worthington.

This ensures there is a complete evidential record of all communications and avoids any misunderstanding regarding the issues requiring determination.

Nothing in this correspondence constitutes an admission of liability, an acceptance of the validity of the appointments, the alleged indebtedness, the enforceability of any security, or the exercise of any statutory power. All rights, remedies, objections, and causes of action are expressly reserved.

Yours faithfully,

Tracy Lynch
Attorney for the Trustees