Owing $3.8 million director behind failed Ticket Rocket​​ loses Court appeal

Matt Davey, the former owner of Fortress Information Systems, which traded as Ticket Rocket​​ and was previously known as TicketDirect​​, has lost his Court appeal for an extension of time in the enforcement of a legal judgment, after filing an application to delay 13 months after the deadline.

Davey was the owner of Dunedin-based Fortress Information Systems before it was placed into receivership and liquidated in 2020.

Its associated companies - Dash Group and Dash Tickets New Zealand - were also placed in receivership.

In 2021, the Bank of New Zealand (BNZ) was granted a summary judgement against Davey for $3.8 million, plus interest. An order was made for costs, which Davey later appealed.

As reported by the Stuff news website, Davey, the sole director and majority shareholder, moved to Australia at the time of the collapse, leaving behind debts and disgruntled ticket holders.

Representing himself, Davey had signalled an intention to appeal the summary judgement, he filed an affidavit in support of his application but did not file submissions.

A decision released by the Court of Appeal last month said there had been a delay of about 13 months between the expiry of the time to appeal and Davey’s application for an extension of time.

The decision noted Davey has been engaged in other legal proceedings, in particular bankruptcy proceedings, in both Australia and New Zealand.

Davey gave a range of reasons for the delays, including that he was prevented from travelling to his native Canada to access business documents held on a laptop in storage.

BNZ did not accept there was any reasonable excuse for the delay, noting Davey had a history of not complying with court timetable directions and deadlines, a cause of frustration for parties.

Meanwhile, as reported by Stuff, Davey argued that BNZ acted unreasonably in pursuing him and that he had cross claims which his previous lawyers failed to advance.

Declining Davey’s application for an extension of time to appeal, the Court decision noted “all the matters he wishes to raise now were considered by the judge and rejected.

"Davey’s application comes after a significant delay which is not adequately explained. Further delay will have adverse consequences for BNZ.

"In these circumstances the merits of the proposed appeal become more relevant and we are satisfied that the proposed appeal does not have merit."

Images: The former Dunedin offices of Fortress Information Systems, which traded as Ticket Rocket​​ and was previously known as TicketDirect​​ (top) and Matt Davey (below).