05 August 2016

Enforcement: MW & Partners v. Sinclair

Oil.  From the freezing steppes of Kazakhstan, disputes over ownership of shares in Max Petroleum and allegations of shady dealing have reached New Zealand via London and the Bahamas.  The forced sale of a Wellington property owned by Bahrain resident Thomas Sinclair was ordered by the Court of Appeal to help recover a three million dollar costs order imposed on Mr Sinclair by courts in the Bahamas and England.
Arguments over ownership of Max Petroleum have been fought for years through courts in the United Kingdom, United States, Australia and the Bahamas.  Max’s value has steadily declined.
With offices in central Asia, consulting firm Michael Wilson & Partners set the ball rolling with a 2010 London arbitration alleging former employee John Emmott ripped them off making secret profits on Max shares they said he held as trustee.  Control of Max shares was frozen by a London court until the dispute was sorted out.  Meanwhile, Mr Sinclair sued in the Bahamas claiming ownership of the disputed Max Petroleum shares.  With Mr Emmott as his ally, Mr Sinclair tried but failed to get MW & Partners joined into the Bahamian litigation.  Mr Sinclair was ordered to pay MW & Partners some three million dollars in costs for the failed Bahamian joinder and related litigation in the English courts.
MW & Partners transferred the costs judgments to New Zealand for enforcement under the Reciprocal Enforcement of Judgments Act.  The Court of Appeal said the Act transforms a foreign court judgment into a debt recoverable in New Zealand, ordering a forced sale of Mr Sinclair’s Wellington property to recover payment.  There was evidence that Mr Sinclair has about one million dollars equity in a Wellington house. The Court said it has no discretion when enforcing overseas court orders to consider ancillary offshore disputes between litigants.  The 2010 London arbitration decided Mr Sinclair owned the disputed Max Petroleum shares.  He is suing MW & Partners claiming losses allegedly suffered since the freezing order was imposed.  MW & Partners allege the 2010 London arbitration award was obtained by fraud.      
Michael Wilson & Partners v. Sinclair – Court of Appeal (5.08.16)

Post Judgment Note: Legal action by Mr Sinclair to block his bankruptcy in New Zealand by Michael Wilson & Partners was dismissed by the High Court in July 2020.

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