Court appointment will confirm McKenna's fate

Nigel McKenna File photo

The financial status of struggling Auckland developer Nigel McKenna remained unclear last night.

The Fletcher Construction Company has applied to have him declared bankrupt.

Justice John Abbott in the High Court at Auckland yesterday adjourned the case until 2pm today.

Graeme Christie, the Simpson Grierson partner who has been battling for years against McKenna for Fletcher, said nothing was clear.

A document indicated McKenna applied for bankruptcy on Monday, Christie said.

The document is a debtor's petition for bankruptcy. It is dated April 18, has Nigel McKenna's name as the applicant, and gives McKenna's residential address as Compass Point Way, Half Moon Bay.

"I am unable to pay my debts. I request that I be adjudged bankrupt," the document says.

However, Christie told the Herald: "Neither we nor the judge are 100 per cent sure what he filed has definitely taken effect and can't be revoked or withdrawn as the Official Assignee's website is unclear.

"Therefore the judge has adjourned to 2pm [today] to check with OA's office so he's bankrupt by the documents he's filed already or will be by 2pm."

In a surprise move, Bank of Scotland supported Fletcher's application yesterday.

The bank is understood to be owed about $37 million and Fletcher is claiming about $800,000 from McKenna.