Sold at
the knock-down price of $200 in a forced sale for unpaid agistment fees,
thoroughbred mare Miss Meena now races
in Australia with placings in 22 per cent of starts. Former part-owner and racing manager Mr Barry
Coxhead sued unsuccessfully for conversion.
The High Court was told Mr Coxhead purchased Miss Meena in 2009. Almost immediately the horse was
syndicated. Interests associated with Mr
Coxhead retained 52% and brothers Harjit and Hardesh Dheil purchased the
remaining 48%. The horse was stabled
with Mr Don Dwyer at his Pukekohe training facility. Two years later, following token efforts to
get the Dheil brothers approval, Mr Coxhead decided to change trainers and move
the mare to Taranaki. A lawyer’s letter
followed, written by solicitor Ms Mary Hackshaw – described to the court as Mr
Dwyer’s domestic partner. In the letter
she pointed out Miss Meena is owned
by a syndicate and decisions about the mare required consent from all syndicate
members. Evidence was given that Mr
Dwyer and Harjit Dheil shifted Miss Meena
temporarily to an undisclosed location thwarting moves to shift her south. Over the next five months Mr Coxhead paid his
share of some but not all the monthly training and agistment fees owing to Mr
Dwyer. This resulted in Mr Dwyer
claiming a lien over the mare for unpaid fees and putting the horse up for
auction.
The Court was told Mr Coxhead planned to attend
the auction either to buy the horse cheaply or to bid up the price. He missed the auction. NZ Bloodstock advertised the sale for 9 May
2012, but in fact the mare was sold by auction the preceeding day to comply
with the lien notice which specified 8 May for a sale. Ms Hackshaw was the purchaser at $200. Ownership was later registered in the names
of the Dheil brothers, Ms Hackshaw and Mr Dwyer. Miss
Meena now races in Australia.
Justice Heath dismissed Mr Coxhead’s claim in
conversion. The mare was not his
personal property. She was property of
the syndicate: partnership property. Mr
Coxhead had no right to unilaterally claim exclusive possession. All syndicate partners had a right to
possession. A failure to pay agistment
fees meant the mare was lawfully acquired by Ms Hackshaw at the lien auction.
Coxhead
v. Dwyer – High Court (9.07.15)
15.078