Spicers gets files returned

Spicers Portfolio Management last month sought an urgent interim injunction against Alexandra's Wilmac Financial Services. Photo / File

One of the country's top financial planning firms went to the High Court last month in a bid to get client records from a former franchisee.

A director of that ex-franchisee, however, said the issue had now all been resolved.

"The files were transferred as per the request. I think the whole thing was premature," said Wilmac Financial Services director Hugh McIntyre.

"But we have transferred the files so that's all over," he said.

Spicers Portfolio Management last month sought an urgent interim injunction against Alexandra's Wilmac Financial Services.

The application for interim injunction was ex parte, which means Spicers went to the High Court at Dunedin to try to get the orders without the other firm having a chance to respond.

Wilmac, according to Justice Christian Whata's decision on the matter, had a franchise agreement with Spicers to sell its products.

Spicers, a division of AMP Group with 24 offices around the country, claims that Wilmac had exclusive rights to carry out its financial advisory business in the Central Otago Lakes area.

Spicers' managing director Christopher White said in affidavit evidence that Wilmac's contract was cancelled by agreement last month.

But White claims the defendants, which included Wilmac and its directors Brent Wilson and Hugh McIntyre, were refusing to deliver up Spicers' client files and property.

Emails attached to White's affidavit suggested that Wilson wanted satisfaction that the records would be held in keeping with appropriate rules and regulations.

McIntyre also said in the emails that "we have not yet resolved our decision on the transfer of records".

Spicers made formal demand for the records and then went to the High Court wanting orders the defendants deliver them within two working days.

The basis for the orders, according to Justice Whata's decision, was that the "defendants are converting Spicers' property to their use".

The judge said he had little trouble finding that Spicers enjoyed a "seriously arguable case for access to and retention of client files and information".

That being so, he was not prepared to make final orders in favour of Spicers without hearing from the defendants.

The most he was prepared to do was to make an order for Wilmac and its directors to provide copies of the relevant client records and files to Spicers within five working days.

McIntyre told the Herald yesterday the issue with the records had been resolved and there were no outstanding court matters to deal with.

Spicers confirmed it had settled the court action and that the client files had been returned.

"There are other matters outside of the court action that the parties are continuing to work to resolve".