Court settles tug-of-war over classic car

A question of ownership has been put to rest for a classic car that was hidden, stolen and restored as it passed through seven owners.

The High Court at Tauranga recently ruled that Brett Irwin will receive compensation for his part in a saga that spanned 17 years.

When Irwin bought a 1974 Ford Falcon GT in 2009, with plans of restoration, he had no idea of the trouble it would bring. Unknown to him, the car still belonged to a woman named Phillipa Mules.

According to court documents, the trail begins in 2003 when Mules received ownership of the car off her ex-husband in their divorce.

But instead of handing over the car, her husband hid it and reregistered it before illegally selling it in 2006. The car passed through two more owners before ending up with Irwin three years later.

Over the next six years, Irwin invested ‘‘considerable time and money’’ restoring it to its former glory, before selling it on in 2015.

But in 2016, Mules tracked the car down and took it from its new owner. Irwin was held responsible and required to pay $46,000 in a settlement to the out-of-pocket owner. As part of the deal, Irwin bought back the car for $1. Armed with the rights to the vehicle, Irwin began a two-year court battle to recover the car from Mules.

But untangling the web of ownership was no simple feat.

While the Family Court had given ownership to Mules in 2003, at the time of the divorce, the car was tied up in three registered security interests. To top it off, Mules filed for bankruptcy in 2006, which meant relinquishing ownership of all assets.

Three judgments were made. The first on June 12, 2018, was in favour of Irwin. At the Tauranga District Court, Judge David Cameron ruled that Mules took the vehicle without right of claim – effectively stealing it from the previous owner. And because Irwin now had ownership, Mules was now liable to him.

The matter was put to rest on April 20, 2020, in the High Court at Tauranga. Judge Lawry Hinton declared that Judge Cameron was right the first time and proof of loss wasn’t needed to file charges.