Mainzeal's Liquidators litigation against the Directors

Brian Mayo-Smith, Member of Chartered Accountants Australia and New Zealand, FCA (ICAEW), MA (Oxon)

After graduating from Oxford in Economics and Engineering, Brian trained as an accountant in the UK before moving to New Zealand where he has been a partner with BDO Auckland and predecessor firms since 1982. He retired as a partner at the end of 2016 and remains a consultant to that firm.

His experience is wide-ranging, including the areas of assurance, insolvency, investigations and corporate reconstructions. He has been regularly involved in due diligence projects on behalf of investment companies and high net worth individuals. Brian has acted as an expert witness in a variety of cases.

Brian’s insolvency assignments have included TV3, Yarrows The Bakers, Lane Walker Rudkin and Blacktop Construction. Along with Andrew Bethell, he was appointed liquidator of Mainzeal in 2013.

Brian has been a director of K1W1 since 2000.  K1W1 is Sir Stephen Tindall’s investment vehicle supporting an extensive range of start-ups in the technology sector.

Topic: Mainzeal’s Liquidators litigation against the directors

-Background to the case

-Why Litigation Funding

-Section 135 Companies Act – Reckless Trading

-Section 136 Companies Act – Duty in relation to obligations

-Assessing Quantum of damages

-Restructurings shortly before receivership/liquidation

-Does the High Court decision create new obligations on directors?