Court orders wind up of leading Gold Coast real estate agency Canford Property Group
The company behind one of the Gold Coast’s leading real estate agencies will be wound up after the feuding former business owners agreed to end their partnership.
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THE company behind one of the Gold Coast’s leading real estate agencies will be wound up after the feuding former business owners agreed to end their partnership.
A liquidator has been appointed to Canford Property Group, which was behind high-profile sales of major development sites on the Glitter Strip, following a judgment handed down on Tuesday in the Federal Court in Brisbane.
The winding up order by Justice Andrew Greenwood was made on “just and equitable grounds” and mutually agreed to by former business partners Greg Harris and Roland Evans late last month.
They had a bitter falling out last year with accusations traded between the parties of misspending of company money on skiing trips, spa treatments and overseas holidays.
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Mr Evans and wife and majority shareholder Tracy Evans were said in the judgment to have consented to the winding up because the business was “detrimentally affected” in the wake of a provisional liquidator being appointed last year and in the wake of “negative media articles”.
However, they said their consent was in no way an admission or guilt or concession of any of Mr Harris’ claims.
“In no sense have they “effectively capitulated” or reluctantly agreed to any aspect of the merits of the case made against them,” the judgment reads.
In November last year Mr Harris, who became partners with Mr Evans in 2014, filed an affidavit in the Federal Court alleging Mr and Mrs Evans and Canford misused company money, totalling $718,701.37, between 2014 and 2018.
It came after Mr Harris was removed from the company in August. He said that was because he raised concerns about transactions.
The claims by Mr Harris included misuse of company funds on retailers such as Cartier, Harrods and Louis Vuitton and on spa treatments, restaurants, dry cleaning and florists as well as overseas flights and renovations of the Evans’ homes.
Mr Evans said the accusations were false and all of his personal expenditure had been repaid to the company. He put forward evidence from chartered accountant Joshua Dimon, who found the transactions were not questionable.
Mr and Mrs Evans alleged Mr Harris was removed because of unauthorised transactions including using a company credit card for a skiing holiday in New Zealand.
In late November, Justice Berna Collier issued a judgment appointing a provisional liquidator to look into Canford’s finances after an application from Mr Harris.
Justice Collier found there was a “reasonable chance” the company would be wound up by a separate court action at a later date and appointed Anne-Marie Barley as provisional liquidator.
Ms Barley has now been appointed on a permanent basis, although not without opposition from Mr Harris, who was the one who proposed her appointment in the first place.
Instead, Mr Harris proposed Glenn O’Kearney as his preferred appointee because he “did not have the means to fund any action commenced by a liquidator”.
Mr O’Kearney was said not to charge any upfront payment and have an hourly rate less than what was charged Ms Barley.
However, Justice Greenwood said an affidavit filed by Mr O’Kearney said he will approach solicitors to determine whether any firm might accept instructions on a speculative basis, which, Justice Greenwood said, put Mr O’Kearney in the same position as Ms Barley.
Justice Greenwood said he was satisfied Ms Barley should retain the appointment.
Justice Greenwood said each side will bear their own costs.