The Citizen (KZN)

‘It’s all a smear campaign’

CLAIMS APPLICANT JUMPED SHIP AFTER SETTLING CLAIM The gloves are off in the applicatio­n for leave to appeal by Nic Georgiou against a judgment that he illegally tried to scuttle a potential class action suit.

- Ryk van Niekerk Moneyweb

In an affidavit, attorney for the Highveld Syndicatio­n Action Group (HSAG) Jacques Theron responded to allegation­s by former HSAG member Helgard Hancke in an applicatio­n to become an intervenin­g party in property magnate Nic Georgiou’s applicatio­n for leave to appeal against a judgment in May.

This judgment found Georgiou acted unethicall­y and abused the court process when he secretly settled claims of applicants of the class action on condition they withdraw their applicatio­n.

Hancke stated in his affidavit that some facts in Theron’s founding affidavit, on which the judgment was based, were false. He strongly criticised Theron, saying he wasn’t acting in investors’ best interests and was only driving the process for his financial gain.

But in his opposing affidavit, Theron alleged Hancke “jumped ship” after Georgiou secretly settled his wife’s claim and he’s waging a smear campaign to discredit Theron to try and turn investors against the class action.

Allegation­s denied

Theron strongly denies Hancke’s allegation­s. Elsewhere in his affidavit, he states: “It is clear that Hancke is dancing to the tune of Georgiou, who is funding and using Hancke as another of his ‘front persons’ to further frustrate the class action litigation with delays and additional costs.”

Theron questioned why Hancke’s applying to become an intervenin­g party as his wife’s claim was settled.

Hancke’s response

Hancke strongly denied Theron’s allegation that he “jumped ship”, stating he decided to turn against the class action when he believed it was no longer to investors’ benefit. Hancke stated he’s opposing the HSAG’s applicatio­n to have the section 155 Scheme of Arrangemen­t set aside as it would be “devastatin­g” to investors. He rejected Theron’s contention that Georgiou secretly paid him to settle his wife’s claim or that he’d received funding from Georgiou.

Another point of contention is Georgiou’s investor settlement­s. In his original affidavit, Hancke alleged Theron was against investors settling claims, as it wasn’t in his financial interest.

These settlement­s refer to a process where Georgiou, via Orthotouch, offers to repay around 50% of investors’ original investment­s’ capital value in Highveld Syndicatio­n companies over about a three-year period.

Theron denied he was against settlement­s per se but said investors should be aware such agreements with only Orthotouch could severely damage their rights.

He added investors who settled with Orthotouch would be left destitute if the company goes into liquidatio­n. Hancke also alleged Theron demanded a 1% negotiator’s commission on settlement­s and Georgiou refused to pay this. This demand, according to Hancke, resulted in Georgiou not settling the claims of around 800 HSAG members keen to settle.

Theron strongly denied he ever demanded a 1% commission for settlement­s. He said Georgiou didn’t want to sign the 800 settlement­s after the parties met for two days to do so. He also alleges Hancke “betrayed” the HSAG as he conveyed confidenti­al strategies to Georgiou which resulted in Georgiou not signing the agreements.

 ?? Picture: Moneyweb ?? Tigon-accused Gary Porritt is far from poor, as he pleads in court, but is in fact in control of a farming enterprise with assets worth over R100 million, probably built on missing investor money, the state alleges in an affidavit. Porritt’s expected...
Picture: Moneyweb Tigon-accused Gary Porritt is far from poor, as he pleads in court, but is in fact in control of a farming enterprise with assets worth over R100 million, probably built on missing investor money, the state alleges in an affidavit. Porritt’s expected...

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