Taking leave of one’s moral senses is not without a due penalty, just as
taking leave without pay for two months has a financial penalty. Every
act that is motivated by moral debauchery, deception, treachery etc. has
moral consequences that impact on the mental and spiritual state of both the
perpetrator and the intended victim. [Read more…]
Public need protection from directors with a history of unsuccessful ventures
Section 385 of the Companies Act 1993 empowers the Ministry of Economic Development to ban company directors for up to five years who have a history of unsuccessful ventures. David Bruce Crow of Inglewood is sole director of Buildwise Ltd (In Liq) and also directs 435 Devon Ltd which faces imminent strike off from the Companies Office Register because of his failure to file the company’s annual return that was due on 30 April 2010. Here is yet another unsuccessful business venture involving one of the Crow brothers that appears soon to be hitting the proverbial fan and splattering its detritus and entrails around the legal and business community in New Plymouth. (Both David and Steve Crow were directors of 435 Devon Ltd when in purchased the New Plymouth RSA Devon Street property for $1.9M).
Unpaid creditors such as the New Plymouth and District’s Returned and Services Association Inc. owed over $50,000 in unpaid interest on a $1.525 Million second mortgage and PMIT Nominees Ltd owed about two months interest on a $375,000 first mortgage they provided, could both well be left high and dry surrounded by detritus and debt entrails.
Conceptual Drawings adorn the 435 Devon Ltd website – seeking to paste a veneer over the vast cracks that hold the masonary of hubris and bravado together. Even a three year old -out-of-date – logo of an Architecture firm is affixed to each “concept plan” and the claim is made that ” The Architects are currently working on conceptual drawings with a number of options being considered”. One wonders if they have ever been paid. This firm has had no involvement in the project for about three years.
Stephen (Steve) Peter Crow who owns 50% of the shares of 435 Devon Ltd has claimed on national TV that hundreds of thousands of dollars of his and his brother’s money has been spent on architecture plans for the 435 Devon Street property that the company purchased for $1.9 Million. The planned Crow complex was called “Te Ara” (translated “The Pathway”). A better translation might well be, according to one local Maori elder: “The path to liquidation or receivership and a director’s banning”.
Warning to company directors responsible for reckless trading during insolvency
For a company director to allow a company to continue to trade while it is insolvent is a breach of duty under section 135 or 136 of the Companies Act. It is the duty of a Liquidator to report on any such reckless trading that is uncovered in the course of his or her efforts on behalf of creditors to recover any debts owed once the company is put into liquidation. The identification of reckless trading does give rise to possible civil action from creditors against the directors: creditors who may choose to seek reimbursement from the company for any shortfall in debts owed them. Consider a company that purchases a property for $1.9 million dollars, borrowing all the money to pay the purchase price. A director who finds that the company is unable to meet interest repayments on a first and second mortgage, should realise that a mortgagee sale is inevitable unless he can refinance the loan, source capital from elsewhere or gain assistance from a kindly tooth fairy. If however, the director allows debts to mount up for months due to unpaid interest and persists in carrying out trading operations throughout the period of insolvency, that would constitute reckless trading by the company, for which he is directly responsible. All income gained by the company over the period of insolvency would be subject to a rightful compensation claim be creditors via a civil action in the Court. If the company director failed to produce a credible record of company income deposited in a company bank account over this period, he would have committed an offence under the Companies Act 1993. Directors who fail to file an annual return after an extended period of such reckless trading, should be banned from being company directors. A director who through mismanagement allows two of more of his companies to be put into liquidation is more than likely to be banned as a director by the Ministry of Economic Development under s. 385 of the Companies Act 1993.
John M Carr – director of Eden Digital Ltd, a hardcore porn promoter
John Malcolm Carr (see photo links below) is sole director of Eden Digital Ltd (formerly called Vixen TV Ltd) which imports and distributes hardcore pornography sleaze publications into New Zealand.
Photo 1: http://www.carr.co.nz/images/jmc.jpg
Photo 2: http://www.bankler.com/AboutUs/JohnMCarr/tabid/130/Default.aspx
Photo 3: https://www.linkedin.com/in/johnmalcolmcarr
His former co-director Stephen (Steve) Peter Crow was recently banned for four years from being a company director, or being involved in the management or promotion of a company, by the Ministry of Economic Development. Eden Digital Ltd is currently distributor of many hardcore porn DVD titles including four recently classified R18 by the Office of Film and Literature Classification in its June 2010 List of Decisions. All have been given the descriptive note “Contains explicit sex scenes”. The censors required one of these DVDs originating from the United States to be cut to remove its depiction of objectionable content that promotes urination in conjunction with sexual activity. The DVD in its excised version contains an additional component not present in the unexcised version – a Notice promoting the hardcore NZ porn magazine NZX founded and promoted by “Porn King” Steve Crow.
John M Carr, who holds US citizenship and owns a number of NZ registered companies, has had a financial interest in the importation and promotion of hardcore porn sleaze for many years, working closely with his friend Steve Crow, who until his recent 4-year ban, co-directed CVC Group Ltd with him. CVC Group Ltd, directed by John M. Carr, owns Eden Digital Ltd. Eden Digital Ltd has its registered office at 2/18b Triton Drive, Albany, Auckland 1025 – a property owned by PJ Digital Ltd, a company directed and owned by John Malcolm Carr. Mr Carr gives his own residential address for the latter company as Flat 14 Remuera Mews, 31 Green Lane East, Remuera, Auckland, 1050 (Checketts McKay Trustees Ltd is the trustee of this property). PJ Digital Ltd has its registered office at Unit 13, 33 -35 Apollo Drive, Mairangi Bay, Auckland , New Zealand.
Smacking appeal goes to Supreme Court – 7 July Newstalk ZB
Christchurch father Jimmy Mason has been given leave to appeal by the Supreme Court. The 51-year-old was sentenced to nine months supervision and ordered to undergo anger management courses after a jury found him guilty of assaulting one of his two children. The case was widely seen as a test of the anti-smacking laws as Mason publicly claimed he’d done no more than flick his son’s ear.
The Supreme Court has just announced it will permit him to appeal his conviction on the grounds that combining two allegations in a single count resulted in a miscarriage of justice. The two allegations are punching a child and pulling his ear.