Director of Du Val, Kenyon Clarke. Photo: kenyonclarke.com
The owners of the troubled Du Val property group have been ordered to meet with receivers and answer questions under oath about their personal assets and more.
The High Court issued the ruling after Kenyon and Charlotte Clarke refused to meet with receivers PwC.
Du Val's 70 entities are in statutory management, owing more than $300 million, and the Clarkes are in personal receivership, with their assets frozen.
The receivers have been trying to interview the couple in part to understand which of the assets in their possession are theirs personally, and which belong to Du Val entities.
In her decision, Justice Jane Anderson said the Clarkes did have some genuine reasons for refusing to be interviewed so far.
"The Clarkes' legitimate concern was that they remained without legal counsel and would be attending an interview without a legal adviser accompanying them," she said.
However, they had since engaged Ron Mansfield, KC, who was entitled to sit in on the interview with receivers.
The couple had also argued that the receivers had a conflict of interest because they were also the statutory managers of the Du Val companies. But Anderson did not agree that was a problem
"Unless and until the receivers are discharged, they are charged with performing the function of preserving the assets for the benefit of aggrieved persons," her judgment said.
"The court should not impede the performance of that duty on the basis of an alleged conflict for so long as they remain in their role."
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