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Du Val Group entities placed into interim receivership at request of Financial Markets Authority

Property / news
Du Val Group entities placed into interim receivership at request of Financial Markets Authority
Du Val

Several companies under the umbrella of property developer Du Val Group have been placed in interim receivership by the High Court.

The move was made at the request of the Financial Markets Authority (FMA).

The interim receivership relates to Du Val Capital Partners Ltd, along with what the FMA describes as "a number of entities within the Du Val Group."

Du Val Capital Partners is a 100% subsidiary of Du Val Group NZ Ltd.

Du Val is a residential property developer that sources funds from investors that meet the "wholesale investor" guidelines.

The FMA says it understands there are approximately 120 investors in various Du Val entities.

John Fisk, Stephen White and Lara Bennet of PwC NZ have been appointed interim receivers.

The FMA says interim receivers are generally appointed to seek clarity around the financial position of a company  or group of companies.

As well as placing the various Du Val entities into interim receivership, the High Court also approved the FMA's request for asset preservation orders, which the FMA said were to support what it described as an active investigation into Du Val Group.

In March this year the FMA issued a formal warning to Du Val Capital Partners as the general partner of the Du Val Mortgage Fund Limited Partnership, regarding a potential breach of the Financial Markets Conduct Act relating to misleading or deceptive conduct that was likely to mislead or deceive investors.

Interim receivership orders were also made in respect of Kenyon and Charlotte Clarke.

According to Companies Office records, John Kenyon Clarke is a director of Du Val Group NZ Ltd.

Du Val Group NZ Ltd is jointly owned by Charlotte Marie Clarke and Karapiro Corporate Trustees Ltd, which is in turn jointly owned by Charlotte Marie Clarke and John Kenyon Clarke.

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45 Comments

Put your hand up if you are surprised!

No - didn't think so.........

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11

Many more to come.

The residential construction sector is going down the gurgler

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15

I thought they were a sure thing?  According to their Facebook ads it was 10% returns guaranteed?  

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11

A certain other company offering 10% returns are still taking money from retail investors, one pensioner just the other week gave them $500k which was his life savings from the sale of his house.  The FMA has done nothing to stop this.  

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12

What????

Should be 'wholesale investors' only - rule enforcement seem less than stringent shall we say..........

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2

Worse, the funds were then paid straight back out to a redeeming unit holder from their private capital partnership.  

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7

Will I Am Shocked by that comment, if you catch my drift? 

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14

Well Dun

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6

Should have brought BTC...

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0

Was it the same as 10% by Christmas guaranteed LOL

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3

Yeah what happened to those 10% interest rates?  

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0

Surprise! There is limited demand for $750k shoeboxes

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8

Squirrel Bolton reckons they have a place. 

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1

About 5 years ago I noticed a new Rolls Royce with a 'Du Val' number plate and thought, they'll be bust once this boom runs its course. Sure enough. It's never wise to be spending your investors profits in advance.

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14

About 5 years ago I noticed a new Rolls Royce with a 'Du Val' number plate and thought, they'll be bust once this boom runs its course. Sure enough. It's never wise to be spending your investors profits in advance.

I'm sure Kenyon's taken care of his finances. Good luck unravelling it all. 

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3

I had similar thoughts Kaper - it was another reason/data point/observation why I thought it was more probable than not that we were living in a property bubble. 

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3

We are living in a simulation.... that's having a property bubble.

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8

A lot of blue pills have been swallowed in this simulation. 

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6

Just hope that the naive people who parked their money with this outfit are not too badly affected:

https://www.nzherald.co.nz/business/fma-gets-court-to-put-du-val-group-…

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3

When BusinessDesk rang the doorbell at the gated home this morning Clarke said “see ya later ... go away.”

“At work, Kenyon is like a bull in a China store,” Charlotte Clarke said in the video.

Priceless 

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3

Yes.

This time around his assets might be owned in a trust structure with some asset protection from creditors.

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1

Weird that people would invest. That was the first hit I got when I googled name. 

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1

Really? A fool and their money are easily parted. 

All your due diligence had to be was to spend 5 seconds googling images of these 2 charlatans (I think that's acceptable lol) and any sane person would have walked away. Same with the other two with boats and planes, walk away.

 

 

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12

Of course

But who knows there might be senile older people etc etc

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3

To be fair the directors had a history of failure and their business model was always going to fail.

The ChCh based building companies that are funded by wholesale investors, are actually financially stronger than most banks, if you did your research!

They operate totally differently to Du Val!

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0

What took so long?
This bunch were on the ropes for ages and everyone just stood there, mouth open waving their arms and muttering under their breaths.

This will be one of the biggest crashes in years and will rattle the housing market to the core.

Pity the poor subcontractors who will stand to lose everything. 

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15

It's belief in Magic that kept it going for so long.

The magical, Guaranteed Capital Gains that are the divinely ordained right of the New Zealand Residential Property Market.

No need to worry about tiresome things like Return on Asset; Alternative Application of Funds or Net Returns after Costs. Just wait for the fairies to wave their interest rate wand, and all will be well.

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15

You’ve seen it all before ey Olly?

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8

Big Daddy wrote the book......

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12

When the FMA investigated them for taking retail money, the FMA did absolutely nothing to ensure that retail investors were repaid their funds. So here we are, with these people about to lose their life savings.

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1

Yep, only the likes of Fletchers can lose close to a Billion and still be in business.

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10

I believe the owner was posting videos like this after having frozen investors funds (remember 10% returns on money backing a development??)

https://www.instagram.com/kenyonclarke/reel/Cof-HhtApdI/

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0

Have to admire him, he's relieving stupid people of their cash and having fun. 

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7

This is really, really big. I saw online work has been halted at all their sites. That's a massive downstream impact. 

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5

Yes. There is a human cost. But people only get concerned after the fact. 

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2

Definitely risk of big downstream impacts.

One of my clients, for example, supplies a certain type of product into Du Val projects (although they had pulled back in recent months due to slow payment and general 'brand perception' issues). I won't say what it is in case I risk doxxing them or myself.

However, I know they have a receivable still outstanding that definitely won't be getting paid. 

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10

Most will have hopefully got tools offsite today, doubt many where leaving much overnight on site.

This well stuff most of them IRD chase now and no $$$

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7

For the spruikers, can you explain to me how the collapse of a big developer is a sign the housing market is about to bounce back? 

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4

Because every property investor in this country is sitting on a boat load of cash, ready to pounce as soon as the market hits the bottom.  Well so they claim anyway.

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3

Deja Vu 2009 - Blue Chip - Mark Bryers et al.

Methinks plenty more shoes to drop yet.

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2

There are 400 second tier lenders in Nz.

brace, brace  brace

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4

Will be interesting to see the fallout from this.

Unfortunately many innocent parties will be impacted- sub-contractors, sub-contractors, investors, lenders and duped purchasers.

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1

Reading this kinda reminds me of my old workplace…flashy developers facade

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0

Owen Culliney is a director and a lawyer. Interesting to see what comes of that and if the Law Society takes issue with it. 

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2