Starting at section 3.0 Deadlock

3.1 On our return from working overseas for Heat Exchanger Services, Jimmy changed the locks of the business claiming that someone had damaged the locks but he would not give us a new set of keys. 

As a director and 50% shareholder I was very concerned about what had been going on in the business while I was away. Jimmy then claimed that there was no job for us in our own business it became quite clear Jimmy and Jannine wanted to take control of the whole business but they did not want to pay for my share.

3.2 We met Trevor Quirke the company lawyer to try and resolve the issues, I thought Trevor was there to sort things out and make sure things were done fairly and equally, I was sadly mistaken in the end it felt like he was there to get the fee for the meetings, as my mother later pointed out nearly all the professional people seemed to care about was how much business and or ie money they could get from either person and support the person with the greater amount of business for them.

3.3  Jimmy claimed he required a meeting with an INDEPENDENT PERSON to resolve issues BEFORE he would let me back into MY OWN BUSINESS, at the request of our mother I went along with this to amicability resolve any issues.

       Prior to the meeting I was told I could not see any of OUR company management accounts

       Nor would Jimmy attend a shareholders meeting which I had previously called.

       During this time I had managed to get a set of keys from Jimmy, but he found I had accessed the company office and printed out accounting documents after hours so on the 10th of May 2009 Jimmy AGAIN changed the locks on the company building and Locked me out a second time ( I was also a 50% owner of the building )

3.4 I attended a meeting on the 22 May 2009 with Jimmy and Matthew Gilligan I had previously written to Jimmy and asked if Gilligan was independent I was assured he was, I can provide receipts that show that Jimmy had met with Gilligan a number of time before and had engaged him to take as much of the company assets away from me as possible, Gilligan was NOT independent.

       Gilligan advised me at the meeting that he was employed by Jimmy as an Asset Protection Specialists.

       Later on in a 3 way conversation with Jimmy and Gilligan , Gilligan threatened me that if I did not do what Jimmy wanted he would take control of the company, I did not believe this could be done as I owned 50% of the building and the business.

3.5 Later on I found out that while I was overseas manufacturing and supplying heat exchangers to our business, Jimmy had stopped the company paying me wages ( without my knowledge or consent) and taking positive balance I had in my directors loan account and paying that to me instead so in effect the company was not paying me wages. 

       The idea I later found out was to run my directors account to $0 then keep paying money out until I owed the company a large amount of money and then have the company demand the money be paid back quickly, if I could not pay they would take my company shares in payment giving Jimmy control of the company.

3.6 Lisa my wife and I were both locked out of the business for a few months and unable to work for the company.

3.7 On or around 16th September 2009 at a meeting with Trevor Quirke the company lawyer, Trevor suggested that James buys my shared in the company or I buy James shares James loudly replied “ I do not want to do Either I will take independent advise” ( Unknown to us Jimmy had already planned to take over the company at this point)

3.8 On the 24the September Jimmy and Jannine flew to Auckland to meet Gilligan and the following day on Gilligans advise Jimmy removed $46500.00 from the company bank account and put the money in Jannines bank account.

3.9 On the 29th September 2009 Lisa and I were woken about 6.30am and served with a TRESSPASS NOTICE for our own business and factory The document A purported to exclude me.

        All the claims in the document were made up to cover up the fact that I had requested the company accounts be audited, neither Jimmy, Jannine or the company accountants wanted this to happen as it would ruin their reputation and expose the theft going on.

        All the claims against Lisa and I made in this tresspass notice were FULLY investigated by the Court appointed Liquidator and our two lawyers at a later date at a full days employment hearing at the Government Employment Agency in Chch The whole hearing was fully recorded at our request.

       The Liquidator found that NONE of the claims were true, it was all made up to lock us out of the building and allow Jimmy to take over the business and refuse an audit. ( jimmy later ILLEGALLY removed me as a company director) using the companies office register and then signing off the company accounts stating he was the only Director and no audit was requested. 

3.10 On September the 29th 2009 I received copies of Statutory Demands that Gilligan had served on the company for Jimmy to remove all his funds from the company

       PLEASE NOTE  BOTH the Statutory Demands are Dated 15th September 2009 this is the day BEFORE the last meeting with the company lawyer on the 16th September2009 where Trevor suggested that James buys my shared in the company or I buy James shares James loudly replied “ I do not want to do Either I will take independent advise” ( Unknown to us Jimmy had already planned to take over the company at this point)

       Please also NOTE the Statutory Demands were written on the 15th of September 200 9but not served until the afternoon of 29th of September 2009.

       The Demand states Take Notice Point 2 You have to reply within 15 days but it was served after 14.5 days had already gone so we were unable to get to the court or take action.

3.11 Over the next few days all the company funds were paid into Jannines bank account  the total was $104,500.00 even the companies overdraft limit was taken so Jimmy controlled all the company money, at no point in time had I even attempted to take company money but Jimmy wanted to get his greedy hands on all the money.

3.13 Further to our meeting with Trevor Quirke on 16th September 2009 we had all agreed to meet again a few days later , Jimmy declined because as we later found out via the Statutory Demand written on the 15th September 2009 He had alredy decided to take over the company on the 15th.

3.14 We did not find out that Jimmy had takes $104500.00 of company money until the 2nd of October where our solicitor advised the bank that all withdrawals had to be signed by both directors.

       By this point in time Jimmy and his wife Jannine had put all the company money in their control and then advised all customers to pay money into their bank account, making sure no money was left in the company bank accounts.

3.15 Jimmy Parbery accessed the Companies office website and purported to advise that I had resigned from the company on 29th September 2009 which I did not, Jimmy needed to do this because the company accounts needed to be filed and could not be previously filed because I refused to sign them off.

       Once Jimmy removed me as a Company Director he was the Sole Director , he could sign off the accounts, have them filed and AVOID the AUDIT I requested.

3.16  We wrote to Kiwibank about the illegal transfer of funds from a company bank account to a personal bank account, the bank were not very helpful.

3.17 We tried to get the company money paid to the company lawyer so an independent person could control the money James refuse.

3.18 Jimmy advised customers not to pay company money to the companies BNZ bank account but to pay money to his wife’s Kiwibank account so he can control all the company money.

3.19 Jimmy carried on lying to everyone, he tried to turn all the employees against me on this point when we later bought the company most of the employees decided to come and work for me, some of them are still working for me.

3.20 Jimmy’s lawyer claims that they are going to take a claim against Lisa and I ( All the claims were later investigated and found to be false) Jimmy files a claim with the court and we progress to a trial in front of a High Court Judge, one week before the trial after all the preparation and large amounts of paperwork are done and paid for Jimmy decides not to proceed.

       The tactic was to waste as much of my money as possible because Jimmy believed he had deeper pockets and that he could outlast me and then he could pick up what was left of the solvent liquidation of our family company.

3.21 In response to Jimmy’s lawyers false claims please read the reply from my lawyer as stated earlier these claims were all made up to put pressure on me to sell my shares to Jimmy, they believed we would crumble under the legal financial burden and Jimmy would pick up the company for little money and Lisa my wife and I would end up broke, this is Jimmys plan for challenging him that I wanted an audit of company accounts.

3.22

A     The company is in dispute

B     Jimmy refuses to appoint an Auditor( I wonder why)

C     The company bank requires two signatures( previously I had trusted Jimmy and given him the rights to sign cheques on his own

        ( I did not know he was a thief then)

D   Jimmy would not talk to me, his way or he would take it by force

E  Jimmy stopped my income and my wife’s so we were unable to pay the mortgage or buy food.

    Jimmy locked us out of the business and put a security guard on the factory to stop us going to work.

F  The business was suffering and causing employee problems Jimmy was lying to employees Jimmy told them they could not talk with me.

G  As a Company Director I was refused access to a business and property I owned and refused financial information.

H  Jimmy Served two Statutory Demands on the company hoping to force me to give Jimmy my shares Please note we found out later Jimmy had no intention of forcing the Statutory Demands as he was a director he would have been held responsible for forcing liquidation on his own company.

4.00 We requested an INDEPENDENT third party ie Liquidator be appointed

       The Judge appointed a liquidator at our request.

        AGAIN PLEASE NOTE at any time Jimmy could have appealed the appointment of the Liquidator but he did not because all his evidence was false and would not stand up in court.

4.1 James would not discuss any issues ( he was going to get control of our family business and he would do whatever it took to do that.

      Later on Jimmy borrowed $1.2,0000.00 One point two MILLION dollars to buy the company loans from the BNZ to force receivership and Mortgagee sale on our family business and building.