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Class action against Bridgecorp advisers unlikely

Friday 26th of October 2007
Yesterday I spent some time at the EUFA-organised public meeting of people who lost money in Bridgecorp. The aim of the meeting was to discuss what sort of action people who lost money in Bridgecorp (and other finance companies) could take against advisers. The answer to that question appears a little unclear at this stage. What was useful though was to get the feel for what is going on. There were about 70 people at the meeting. Mainly grey haired investors, along with a good contingent of media and one prominent financial planner from Tauranga was spotted down the back taking notes. Unfortunately for the meeting, and those in attendance, a couple of lawyers who spoke took over proceedings and spoke for far too long about generalities. It seemed to me they (at least one) were using it as an opportunity to tout for business. Another is pretty determined to prove that New Zealand has absolutely no investor protection and the people who should be fixing this situation (including the Minister of Commerce and the head of the Securities Commission) need replacing. Much of the talk has been about class action, however it seems this is unlikely. (Class action is where one mistake is made and many people are affected). Rather the talk is group action, where a bunch of people who have had similar experiences band together. An advantage for some in this is that people with more marginal claims maybe able to piggyback off those with more clear-cut claims. While the lawyers were keen for business there are no promises of success. Much of it hinges on what actually happened between the adviser and their client. No doubt any case will be a good test to see how well advisers have been keeping practice notes.
Comments (2)
Philip Macalister
Sorry Nigel, my geography is good. The adviser I referred to is indeed both prominent and is based in Tauranga. I did look around the room at the sea of grey hair and balding pates, but didn't pick you up. Sorry about that.
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17 years ago

Nigel Tate
Hi All I suspect that Phil is slightly out geographically when he stated that I was "a prominent adviser from Tauranga" when in fact I am from Hamilton and attended the EUFA meeting with the blessing of the organisers. I attended as the Acting IFA President in lieu of Simon Hassan being overseas, to represent the interests of members of the IFA. Many will be surprised to hear that I concur with most of Phil's comments regarding the speakers at this meeting, I felt the meeting which was specifically for Bridgecorp Investors, lacked clear direction and therefore became bogged down in the legal process of claiming and many of those that attended had left before they had a chance to ask questions that I can only imagine they came to ask. I also feel that this organisation is incorrectly named Exposing Unacceptable Financial Advice (EUFA) as the focus seems more to be on the Directors and Reciever of Bridgecorp than Advisers. There was no clear outcome from the meeting as it was called to an end prematurely due to the room that had been booked being required for the next booking. The attendees that spoke with me after the meeting were clear in the main they felt that the main target for them was Bridgecorp itself rather than their advisers, at least in the first instance. One investor that spoke stated that he had just missed loosing his money with Bridgecorp in Sept 06 simply to reinvest the maturity proceeds in three other Finance Companies, one of which has subsequently failed, all this without an adviser being involved. Another couple spoke of their Adviser as a "trusted friend" and were clear that they did not blame him for their losses, he is a member of the IFA. I was able to speak to the meeting to tell them of the Institutes objectives along with our Complaints and Disciplinary process, most were pleased to know we were represented at the meeting and I felt that most of the speakers were reasonably balanced in their views of Advisers saying that there are a lot of very good Advisers out there doing great jobs for their clients', but as with any profession there is the odd % there are not, as with the Renshaw Edwards case of 1992. An interesting by line was that I noted the organiser, Suzanne Edmonds had both her brother, Grey Eatwell and their cousin Chris Lee speaking at the meeting, neither of them focused on what the investors concerns were but simply the path forward towards either any possible group actions or the lack of established controls in the finance company sector. The organizers had a second meeting to establish an incorporated society after the main meeting which was attended by about a dozen individuals. The next step for the new entity is to meet with the Minister of the MED to discuss their recommendations, that could prove to be a far more interesting meeting. The Institute will continue to monitor and speak with the EUFA to maintain a balanced approach to investor concerns and the roll of good advisers in the advice process. Nigel Tate CFP, CLU IFA (acting) President
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17 years ago

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