Summary of proceedings to date
June 2025
Former CBL Group Chief Financial Officer (CFO) Carden Mulholland was ordered by the High Court to pay a penalty of $641,250, along with agreed costs of $606,216.53, for acting as an accessory to three of CBL’s breaches of the continuous disclosure provisions of the FMCA.
February 2025
The High Court found Mr Mulholland personally liable, as an accessory, to three of CBL’s continuous disclosure obligations.
The Court held that, in his roles as CFO, a member of CBL’s Disclosure Committee, and a director of CBL Insurance Europe dac (CBLIE), Mr Mulholland was knowingly involved in the company’s disclosure failures.
This was the first time a New Zealand court held a CFO personally liable for being involved in a company’s failure to keep the market informed as required under the Financial Markets Conduct Act (FMCA) 2013.
August 2024
The High Court ordered former CBL Managing Director Peter Harris to pay a $1.4 million penalty for continuous disclosure and misleading conduct breaches, following an agreed settlement with the FMA.
March 2024
The FMA and Mr Harris reached an in‑court settlement. Mr Harris admitted breaches, with penalties determined later by the Court.
FMA also agreed to accept an Enforceable Undertaking offer from Mr Harris that he will not hold any management or directorship positions with any listed issuer or licensed insurer in New Zealand or participate in a regulated offer in New Zealand while the CBL proceedings are ongoing.
December 2023
The High Court ordered CBL Corporation Limited and four former independent directors to pay penalties for failing to meet disclosure obligations and for misleading conduct.
June 2023
The FMA reached agreement with CBL and four former directors, resolving claims relating to continuous disclosure breaches and misleading conduct.
December 2019
FMA filed civil proceedings against CBL, its directors, and CFO alleging multiple breaches of the Financial Markets Conduct Act 2013.
2018
The FMA issued an update on its investigation into CBL following the company’s collapse.
The High Court confirmed that a company does not have to make ongoing market disclosures while it is in voluntary administration.
The FMA announced its intention to file a case stated procedure on the issue of continuous disclosure obligations for listed issuers in voluntary administration.
The FMA publishes an update about the ongoing investigation.
Background