The former trustee of National Finance denies it breached its duties to the failed motor-lending firm and told the High Court yesterday its role was to protect investors, not save the company from itself.
National Finance 2000, whose core business was car finance, was placed into receivership in May 2006, owing 2000 investors $21 million.
Some out-of-pocket investors have received 49c in the dollar and receivers have taken civil action against National Finance's former auditors for allegedly failing to detect if there was adequate security for a number of related-party loans advanced by the company.
These loans allegedly breached National Finance's trust deed, which is a document setting out the conditions a company's operations must comply with.
Auditor O'Halloran (now William Buck NZ) denies the allegations and in turn argues National Finance's trustee, Covenant Group, knew of possible breaches of the trust deed.