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Court appearance sought for directors of insolvent marine company

Court appearance sought for directors of insolvent marine company Liquidators are seeking a court summons for a couple accused of delaying the investigation into their Nelson company which owes creditors $3.7 million.
Nevil and Amber Basalaj have failed to comply with requests for information about the financial affairs of the boat-building company Reliance Engineering they ran in Nelson, which went into liquidation 16 months ago owing nearly $4 million, liquidators said.
"We continue to be frustrated by the lack of response, in a meaningful sense, from Mr and Mrs Basalaj," Rhys Cain from Ernst and Young said.
"We've had continued reasons provided to us as to why they cannot provide the answers to the questions that we have provided, none of which are satisfactory to us."
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The last six monthly liquidators' report showed the business owed more than $3.7 million, with $3.2 million of that owed to unsecured creditors.
$69,927 of the total $3,842,008 owed had been paid out, with staff due nearly $47,000 and the IRD's claim for $482,576 outstanding.
The Basalajs were criticised three moths ago by liquidators and some of the more than 170 companies the business owed money to, when the pair chose to go on a family holiday in America instead of cooperate with the investigation.
Cain said no progress had been made in the investigation since then.
"According to the records of the company, there is a significant amount of money owing by Mr and Mrs Basalaj personally, as well as other related companies of Mr and Mrs Basalaj, owing to Nelson Reliance Engineering Ltd," Cain said.
"That is what we are seeking to recover. And what they have been asked to provide is evidence supporting their claim that the records of Nelson Reliance Engineering are wrong, and they don't owe the money.
"They haven't been able to provide any such evidence to date."
Nevil Basalaj is a director of both Basalaj Properties and Basalaj Racing.
When approached by at the couple's home in the Tasman district Amber said the couple would not respond to the liquidators' comments, saying the matter was with their lawyers.
Liquidators were preparing to lodge a request with the High Court at Nelson for a summons to be issued to the couple, pursuant to section 261 of the Companies Act.
Non compliance with such a summons is an offence punishable by a fine, not exceeding $50,000, or a period of imprisonment for a term not exceeding two years for each offence.
The Inland Revenue Department would not comment on the amount owed to them by Nelson Reliance Engineering, citing section 18 of the Tax Administration Act which prevented them from discussing the affairs of any taxpayer.

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