The Post

Glenn’s war with Watson advances

Sir Owen Glenn is not giving an inch in a quest to claim back money owed by his multimilli­onaire nemesis, Eric Watson.

- John Anthony

Sjohn.anthony@stuff.co.nz

ir Owen Glenn is considerin­g asking an internatio­nal court to appoint receivers to the business interests of his former Warriors co-owner, Eric Watson.

In September a United Kingdom court ruled Glenn’s company Kea Investment­s was entitled to £43.5 million (NZ$80.2 million) compensati­on from Watson, as well as interest compoundin­g at 6.5 per cent per year.

The long-running legal battle related to hundreds of millions of dollars Watson and Glenn put into a joint European property venture called Spartan Capital.

Following the proceeding­s, brought by Glenn, a judge found that two loan agreements totalling £129m set out between Kea Investment­s and Watson and paid to Spartan Capital were void. The loans had been repaid to Kea Investment­s, and it was entitled to claim proceeds from the £129m.

Watson has appealed the interest rate. If successful, the compensati­on would be about £20m lower.

There was also an order for interim payment of £25.3m and £3.8m for costs, an order to provide financial documents and informatio­n about all his assets, and an order meaning Watson could not dispose of, deal in or diminish assets worth more than £100,000 without notice.

Now a New Zealand judgment has been handed down, giving Kea Investment­s a leg-up in finding out where Watson is holding his assets.

Kea applied to the High Court in Auckland for access to court documents in a $60m New Zealand tax avoidance proceeding between Watson’s company Cullen Group and the Commission­er of Inland Revenue in August and September.

In a judgment updated on December 10, Justice Matthew Palmer said access by Kea was in the interests of open justice and ‘‘facilitate­s the orderly and fair administra­tion of justice’’ in contributi­ng to the enforcemen­t of a foreign judgment.

Kea successful­ly applied to the High Court of England and Wales for freezing orders restrainin­g companies, including Cullen Group, from disposing of, dealing with or diminishin­g the value of assets up to the value of £47m, the judgment said.

Kea was now considerin­g its enforcemen­t options, including whether to invite the English court to appoint receivers in respect of Watson’s interest in a company called Valley Trust, which Kea understand­s holds the shares in Cullen Group, the judgment said.

Valley Trust featured in the ‘‘factual matrix’’ of the Inland Revenue proceeding, Palmer said.

In a UK judgment from July, Kea said Watson’s modus operandi was to use a complex web of trusts and companies as nominees for him, and that he held companies via third parties. He also entered into arrangemen­ts, often undocument­ed, which meant that relationsh­ips set out in formal legal documents did not reflect a true position, Kea alleged.

Glenn said one such vehicle was Valley Trust.

‘‘Mr Watson should be in no doubt over my determinat­ion to do whatever is necessary to ensure he meets his obligation­s under judgments in my favour – if necessary, pursuing him to the ends of the earth and taking action against his trust and company structures,’’ Glenn said.

Glenn said Watson had been ordered to appear before a UK judge to answer questions about his assets in two days of crossexami­nation on December 19 and January 24.

‘‘I understand that these hearings will take place in open court and that if he fails to answer questions Mr Watson will be in contempt of court.’’

In Palmer’s judgment Kea said Watson’s solicitor stated the millionair­e was ‘‘unable to pay the sums ordered by the court as he does not have the assets to do so’’.

‘‘I do not accept this. I believe that he is being untruthful and hiding assets behind trust and company structures he controls,’’ Glenn said.

Cullen Group abided by the court’s decision to grant access to the court record but opposed the rest of the applicatio­n.

Kea was granted access to the formal court record, including judgments, orders and minutes of the court, the pleadings of both parties, both parties’ opening and closing submission­s at trial and the index to an agreed bundle of documents Kea’s request for access was granted, provided the documents were used only for the purpose of the related proceeding­s.

‘‘Kea is not fishing for informatio­n in order to consider whether to initiate private litigation,’’ Justice Palmer said.

‘‘Rather, Kea’s purpose is to seek to enforce a judgment of the High Court of England and Wales which has been issued and in respect of which that court subsequent­ly granted freezing orders and disclosure orders.

‘‘That is a reasonable and legitimate purpose.’’

Justice Palmer is yet to issue a judgment on the Cullen Group versus Inland Revenue case.

 ??  ?? Sir Owen Glenn says he is delighted at Justice Palmer’s ruling.
Sir Owen Glenn says he is delighted at Justice Palmer’s ruling.
 ?? PHOTOSPORT ?? Eric Watson’s Cullen Group has been fighting a tax avoidance case against Inland Revenue in New Zealand.
PHOTOSPORT Eric Watson’s Cullen Group has been fighting a tax avoidance case against Inland Revenue in New Zealand.
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