When we look at the commercial landscape of new Zealand it soon becomes evident that the very few peaks are occupied by a handful of men who all appear to be inter connected one way or another.
The other observation is that many of these persons did not get to the top using their own resources but did so while trampling a hard working Kiwi in to the ground.
Morals , values ,ethics and truth have nothing to do with it appears that it’s all fair in commerce and that includes matters which are considered illegal in other countries.
However in New Zealand the luxury of using the court to obtain what you want exists and in using the court you have the added benefit of financially stripping your opponent to ensure the takeover is swift and painless.. that is painless for those occupying the peak not so for the poor sod who is driven into the ground.
Truth is also easily avoided because there consequences of telling lies in court is minimal as no one will take you to court for perjury as it simply is not economical especially if you are the one who can afford big gun lawyers and write it off as a business expense .
It is time that we sought accountability to the truth in our courts and ensured this by making it uneconomic for those straying from the truth to do so. Currently our legal system appears to favour those who can afford the courts and those who can afford the courts use it to financially strip their victims.
Perjury prosecutions are rare because basically they are uneconomic against those who can afford to defend them.
Culprits of this tactic are those who hide behind company names , only when you delve further do the real culprits come to light.
Take this judgement for example FRESH PREPARED LTD in paragraph 6 of this judgement it states “It is important to record that the shareholders in Beach Road Nominees were Messrs Terry Hay and David Nathan. And that “Hay owned Pacific Flight Catering”
In the judgement the judge goes on to say that fresh prepared Limited , (that is Terry Hay and David Nathan ) “apparently pursued a scorched earth policy, forcing all parties to incur legal costs on interlocutories far in excess of what, by any objective measure, was the very modest amount of its claim, which was well within the District Court’s jurisdiction.”
In the end Mr de Jong the target of their litigation was bankrupted .
He was not the first , I have personal experience with David Nathan and Terry Hay and while David Nathan, a director of the chamber of commerce appears to be on the outside in my matter, he cannot deny his involvement in the destruction of THE GREAT DESSERT company Limited.
The story is set out quite clearly in the court report The Great Dessert company limited v Vague
What stands out is that Terry Hay was acting in a capacity which was more than a shareholder, he was preparing GST returns which conflicted with the figures which the owner of the company had obtained. He also communicated with the bank and then he and David Nathan used a company for which they were directors ( salad foods Limited)to purchase the debenture from the ANZ just prior to it rolling over for another year and immediately place the company in receivership to recover these funds.
Had the debenture remained with the bank the loan would have been advanced to the company for a further 12 months and there would have been no financial pressure on the owner of the company.
The receivers were appointed and a legal battle began, Terry Hay is good at these he uses them to bankrupt people and then he retreats to Honolulu so that he can escape his accountability to our justice system when he is faced with a multitude of fraud charges( hay charges )
The decision was favourable for the original owner of the great Dessert company limited but they ran out of finance for the appeal and the liquidators stepped in as planned.
The financial reports from the liquidators how the extra financial pressure the litigation placed on the company. Receiver’s 1st Report . Receiver’s Final Report
This is probably the cheapest way to take over a company there is no goodwill to pay and you can then continue to trade with the company as if never ceased to exist even take over the trade mark as though you are still the same company
Although I have no evidence that this is the case in this instance , I suspect that he operators of the Great dessert company are puppets just like Lynne Pryor was in fresh prepared Limited and Salad foods Limited .
Terry Hay has other people fronting his businesses for him. This was and still is the case for fresh prepared limited which has now morphed into Salad foods run and operated by convicted fraudster Lynne Pryor under supervision of her brother Graham Pryor who has moved from media to the food industry
The reason for using other people is that his reputation precedes him and there are those int eh airline industry who simply will not deal with him.
Hay is still operating Pacific flight catering through his appointed eyes and ears John Matsuoka whose address Hay uses here in New Zealand for his shareholding.
Pacific flight catering supply food for Air Pacific ,Cathay Pacific , Air Tahiti Nui , China Airlines , China southern , Thai air lines and have just lost the contract to Malaysia Airlines
I should add that the original owner of the Great dessert company a very accomplished pastry Chef is no longer with us, the stress brought on cancer which eventually claimed her life.. Well done Mr Nathan and Mr Hay looks in my opinion it looks like legalised theft and murder.
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