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  • #31
    Property guru McEwan bankrupted
    4:00AM Wednesday Mar 04, 2009
    By Maria Slade

    Former high-flying developer and self-styled property investment guru Dan McEwan has been bankrupted.

    Dozens of small investors in McEwan projects are millions of dollars out of pocket, as one development after another goes to mortgagee sale.

    In the High Court at Auckland late last week, McEwan was adjudged bankrupt over a $978,000 debt. Troubled finance company Hanover Finance told the court it was also owed $4 million.

    But McEwan's own lawyer had earlier told the Auckland District Court that his 70-year-old client, who claims his only source of income is a pension, owed in excess of $100 million.

    McEwan is to be sentenced in the District Court tomorrow for breaching the Securities Act by offering investments without a registered prospectus or investment statement.

    The maximum penalty is a $300,000 fine but as McEwan is bankrupt it is not clear what the court may do.

    The Herald understands community service could be an option.

    McEwan led the Investors Forum, a group which held seminars to promote property investment and offered the opportunity to buy shares in developments.

    Many have failed. The latest is the former Dunedin Chief Post Office which was to be redeveloped as a Hilton hotel. South Canterbury Finance, owed $5 million, has put the property to mortgagee sale.

    McEwan bought it in 2006 for $7 million and sold apartments and suites in the yet-to-be-built development.

    The property has a current rateable value of $5.7 million.

    The large-scale redevelopment of the spa town Waiwera, north of Auckland, has also run aground.

    In a letter to investors last week, McEwan's son Kelly said the land's value had reduced by 40 per cent and was likely to go to mortgagee sale.


    MATE 'TAKEN TO THE CLEANERS'

    Southland entrepreneur Basil Walker has known Dan McEwan for years.

    He attended one of his first Investors Forum seminars, and trusted him as a fellow Southlander and developer.

    At Christmas, he confronted him over the $1.68 million he was owed on a Frankton, Queenstown property that was never developed and subsequently went to mortgagee sale.

    The Walkers have lost their house over the failed deal, and do not hold out any hope of seeing their money again. "We've been through the bloody cleaners with it."

    Mr Walker says Dan McEwan revalued the property for development purposes and took $3 million out of it. It took him years to get Mr McEwan to sign an agreement, he says.

    Mr McEwan set rents at an unrealistic level to justify what his developments were supposed to be worth, Mr Walker believes.

    "It was just bull, and it went on and on, and Dan believed it."
    OllyN [email protected]
    Independent Property Consultant
    Residential and Commercial Solutions

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    • #32
      Property guru McEwan bankrupted
      4:00AM Wednesday Mar 04, 2009
      By Maria Slade
      He ain't no guru then!

      G
      Premium Villa Holidays in Turkey

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      • #33
        The quote "All developers go bankrupt eventually" is so true...

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        • #34
          McEwan to pay $16k

          05/03/2009

          bankrupt property developer dan mcewan, who left creditors more than $100 million out-of-pocket, was ordered to pay $16,000 in reparations today.

          Mcewan was sentenced at the auckland district court this morning on securities act charges after dunedin investors peter and susan gale sought nearly $33,000 - the balance remaining on an investment of more than $61,000.

          Last week 67-year-old mcewan was found guilty of breaching the securities act by failing to produce a registered prospectus or investment statement. He was also bankrupted, owing hanover finance $3 million and fm custodians $900,000.

          Mcewan had argued a prospectus wasn't required as the gales met the securities act's test for habitual investors because they had made seven investments in the past 10 years.

          The act doesn't define a habitual investor although there is considerable (and inconclusive) case law.

          In sentencing mcewan, judge phillipa cunningham said he lacked insight into the detrimental effects of his failures. To ensure the penalty imposed by the court would act as a deterrent, any fines and/or reparations had to be greater than the cost of preparing a prospectus, she said.

          However, against this was balanced his age, his dependents and his ability to pay. Mcewan has a dependent wife and a child aged two-and-a-half, and his only income is new zealand superannuation of $200 a week.

          The $16,000 reparations are to be paid at $25 a week amounts with a review in six months to determine if larger payments can be made.

          Mcewan's lawyer, todd simmons, had argued mcewan could afford only a $5000 fine, to be paid in $20 per week increments.
          Patience is a virtue.

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          • #35
            Originally posted by spurner View Post
            The quote "All developers go bankrupt eventually" is so true...
            nope...nope not at all spurner I know of at least...........ok its true.


            just kidding. Soheil Obeidian is still going in Oz, Rob Baddalotti is still going ...I think. Meriton group must be into their 25th year.

            hmmmm all ozzies.

            Comment


            • #36
              The $16,000 reparations are to be paid at $25 a week amounts with a review in six months to determine if larger payments can be made.
              This reminds me of a quote "laws are like spider webs, they will catch the weak and small but wasps and hornets will smash right through them,"

              Actually I probably got that a bit wrong but the reality is that this kind of ridiculous punishment just encourages people who are not law abiding to just carry on with illegal activities.

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              • #37
                Latest from NZ Herald..........

                Latest breaking news articles, photos, video, blogs, reviews, analysis, opinion and reader comment from New Zealand and around the World - NZ Herald

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