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Link: Industrial Radiators Due Diligence
The sole reason this website exists is because James & Jannine Parbery of Industrial Radiators Christchurch keep lying about their dishonest, deceitful and criminal actions against his brother Julian & his wife Lisa and the numerous lies they have told friends, family and customers all over the world. Since we do not know how many people they have lied to we keep a central point so everyone can read the TRUTH.
Julian and Lisa Parbery will defend their Honesty and Integrity against the lies told by James
When Julian and James' 86 year old mother Mary wanted to come to NZ from the UK for what may be her last visit, James told her he did not have the money to pay for half the flight, despite his claims of business doing well, and he told her that she couldn't stay with him as there was no space in his house. When Julian took their mother to Christchurch at her request and dropped her off at James house unannounced, James miraculously found space for her to stay for a couple of days.
During the time Mary stayed with James he made no effort to give her any proof of Julian's alleged guilt.
Mary later requested James provide her written evidence to the questions written below, at that point she had spent over 4 months reading bundles of court documents showing both Julian and James claims, so she had a clear view from both sides.
James has not given his mother any answers to her questions as written below or provided any documents of proof.
James has had 3 chances to put his claims against Julian in front of a High Court Judge and each time James chose to settle rather than go to court, why if he is telling the truth?
Letters from James' mother, witnessed by a Justice of the Peace.
Why would James refuse an audit?
James may claim that what he did was to protect the business from his brother. If that were true, why did he take illegal actions rather than take appropriate legal actions via company lawyer, accountant or relevant authority (Police etc)?
James refused an audit of the company accounts as requested by his brother (50% shareholder and director).
On 10 November 2010, a High Court Judge, by way of an ex parte (no notification) liquidation order requested by his brother after James stated that the company was insolvent and should be liquidated, appointed an interim liquidator, suspending James from control of the company.
Submission to support request for liquidation
James was released on bail after being charged by the Ministry of Economic Development with two crimes against the companies act:
1. Illegal removal of a company director from the company register.
2. Signing off company accounts stating that no auditor be appointed when a request for an audit had been made.
Charge 1 Charge 2
James pleaded guilty.
As part of a strategy to take control of the company and premises, James facilitated borrowing of around $1.3 million dollars from PFL Finance Ltd and the setup of a finance company, HES Finance Ltd. He then secretly negotiated with the BNZ, purchased the loans for the company and the premises at 153 Madras St and assigned them to HES Finance Ltd. A receiver was appointed, who forced the company into receivership and forced the sale of the business by tender. After James lost the tender, he forced the mortgagee sale of 153 Madras St.
In his liquidation judgement, Judge Doherty stated in point [3] b), "The second defendant has purchased the security interest of Heat Exchanger Services Limited's bankers and by machination appointed a receiver"
Memorandum of meeting regarding strategy for James to take control of the company and premises, depriving Julian
HES Finance Ltd company extract
Land register showing HES Finance and PFL Finance mortgage entries for 153 Madras St
Diagram and notes of BNZ loans assignment
BNZ loans Deed of Assignment
Letter and email from BNZ and James repay request
Judge Doherty's liquidation judgement
James had given himself an approximately $25,000 pay rise and he stopped paying Julian his salary without notice.
James payroll 1 Oct 2007 to 30 Sep 2008 - pay rise
In 2008 Gayle stopped Julian's salary without his consent, and substituted Julian's salary payments with net payments from his shareholder account (~retirement savings). This action defrauded him of tax deductions and the IRD of PAYE tax.
Gayle's notes to change Julian's salary payment
James also started paying himself approximately $20,000 overtime (time and a half), which he had not been paid before, and was not approved by the directors or shareholders. He was paid a salary and time cards do not show hours claimed.
James Payroll 1 Oct 2009 to 30 Sep 2010 - overtime (time and a half)
Julian had taken phone calls from suppliers asking to be paid. Gayle said that there was cash-flow problems. Gayle knew that cashflow "problems" were caused by James taking unauthorised wages, cash for jobs and paying personal expenses via his shareholder account. When Julian finally had enough of the threats and James taking large amounts of money out of the company cash-flow, he became concerned about the viability of the company to pay its bills.
James' and Jannine's personal expenses paid via business cashflow
James' and Jannine's personal accountancy expenses (Gilligan and Rowe & Associates) paid via business cashflow
James' and Jannine's personal legal expenses (Graeme Skeates Law) paid via business cashflow
James posted an October Protection security guard at the business premises to "enforce" false trespass notices he served on Julian and his wife, to lock them out of the business.
October Protection made no effort to ensure what they were doing was legal. They blindly believed James' lies.
October Protection aided and abetted James in perpetrating illegal actions by "enforcing" illegal trespass notices.
October Protection security expenses in MYOB accounts
On the 30th of September James served the company with two statutory demands for money for himself and his trust. Payment of the demands would have made the company insolvent and James would have tried to take controlling ownership via the demands.
When Julian's wife was made redundant by the receiver, James employed the services of other people to do the work she did. Julian's wife was unfairly dismissed.
China communication / translation expenses in MYOB accounts
HES Finance chose to force mortgagee sale of the premises at 153 Madras Street via JT Law, forcing the tenant, Heat Exchanger Services to leave.
Despite have been offered $500,000 and being advised not to sell the premises by mortgagee sale, nor vacant, nor whilst it having recently been in the Christchurch CBD red zone, nor without an engineering report, nor while insurance options were unclear, HES Finance attempted to auction the vacant premises. The conditions of sale A 1.2 prevented Julian or James or anyone bidding on their behalf from bidding. But conditions of sale A 1.5 allowed the vendor, HES Finance with whom James is associated, to bid.
The auction was postponed. Then HES Finance tried to sell the premises by tender.
The tender process also failed to sell the premises for more than $500,000.
The premises sold in 2012 resulting in a loss in excess of $100,000 taking into account commission, interest due to vacant possession by HES Finance and legal expenses.
Letter from JT Law
Auction conditions of sale page 1
After the sale of Heat Exchanger Services, the Receiver claimed that jobs still in the workshop were completed and invoiced and he should be paid for them. Copies of the Receiver's "invoices" were obtained from a number of the customers. One was dated 29/10/10, 7 days after the sale!
At a disputes tribunal hearing, the Receiver presented invoices from Gayle that, when compared to the invoice copies from the customers, clearly showed that the invoices Gayle had provided to the Receiver had been fabricated (the tribunal referee's word).
The evidence showed that the jobs were not invoiced prior to settlement and that Gayle and the Receiver had presented fabricated evidence in an attempt to cover up attempted fraud.
Fabricated (1st & 3rd pages) and customer (2nd & 4th pages) invoices
Industrial Radiators. Jimmy Parbery. Radiators. Intercoolers. Oil Coolers. Earthmoving. Truck radiators. Bus radiators. Radiator Intercooler Oil cooler Christchurch. Industrial radiators
Posted by Heat Exchanger Services NZ Ltd to provide the truth and documented evidence.
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