A Palmerston North art dealer's attempt to get $100,000 out of convicted Ashhurst fraudster Steven McKelvey has failed because his debtor has been declared bankrupt for the second time.
Tony Martin went to the Palmerston North District Court to contest a financial statement McKelvey had given the courts, but Judge Geoffrey
Ellis told him he was wasting everyone's time.
The matter should be taken up with police or the Official Assignee, the judge said, who described the hearing as pointless.
Mr Martin was awarded the money after McKelvey duped him into exhibiting paintings purportedly by French masters Gauguin and Renoir in Auckland three years ago.
In the Wellington District Court last December, Judge Chris Tuohy ordered McKelvey to pay $100,000 to cover Mr Martin's expenses and costs.
The case, said to be one of New Zealand's biggest art scams, was brought by Mr Martin against McKelvey, an unemployed tradesman. During the controversy over the exhibition, Mr Martin went as far as to get a lock of hair from Gauguin's great-granddaughter to determine authenticity.
In another surprise, McKelvey has listed art work "stolen by Tony Martin" among his assets. The paintings are held by Mr Martin's lawyer in Palmerston North.
It has been revealed that McKelvey was already a convicted fraudster and bankrupt when he approached Mr Martin in August 1998 about the art works.
In December 1989, McKelvey was sentenced to 4 1/2 years in jail on 425 fraud charges. While an employee of the former Department of Social Welfare, he had diverted $1.9 million into his own bank account.
He has also been declared a bankrupt.
Mr Martin sought to change McKelvey's statement of financial means given to the Palmerston North court, which said he had income of $14,332 a year, no assets and $3.29 in the bank.
Mr Martin went to court wanting to know why McKelvey continued to say he lived in Drury, Auckland, when the owner of an Ashhurst property had stated McKelvey had been his tenant "totally, continually" for the past five years.
McKelvey was also the registered owner of a Honda Accord that he had not listed in his financial statement.
But Judge Ellis said Mr Martin could not continue with any action because the matter was now under the jurisdiction of the Official Assignee.
The judge said that if McKelvey was avoiding paying the money, Mr Martin had to either contact police to press perjury charges or the Official Assignee to have the bankruptcy declaration reviewed.
Mr Martin said he had contacted the assignee but received no reply.
- NZPA
A Palmerston North art dealer's attempt to get $100,000 out of convicted Ashhurst fraudster Steven McKelvey has failed because his debtor has been declared bankrupt for the second time.
Tony Martin went to the Palmerston North District Court to contest a financial statement McKelvey had given the courts, but Judge Geoffrey
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