13 June 2017

Legal Practice: Lynds v. Fitzherbert Rowe

Palmerston North lawyers Fitzherbert Rowe breached its duty to client Jeffrey Lynds by not indicating that local farming identity Robin Mitchell was in financial difficulty when helping both clients set up a bloodstock partnership.  Damages require further calculation but are estimated at about $1.3 million.
The High Court was told well established horse trainer Mr Lynds believed Mr Mitchell was a man of financial substance when invited in 1988 to jointly set up a stud.  Mr Mitchell had farming interests at Kairanga near Palmerston North, Dannevirke and Culverden.  The two had a common interest in the racing industry.  Mr Mitchell was a Nuffield scholar, was on the NZ Beef Council, chairman of the NZ Town Milk Federation and on the board of the local dairy co-operative.
Unbeknown to Mr Lynds, his erstwhile business partner was on his uppers.  Repayment of loans secured over Mr Mitchell’s farming operations were overdue.  Attempts to restructure farming operations with a sale and leaseback of farmland were not proceeding smoothly.  Finance could not be arranged.  Mr Mitchell was told in early June 1989 continued Co-op financing was at risk.  Payments for milk supplied were subsequently withheld and applied in reduction of Co-op debt.
Meanwhile, Mr Mitchell was not holding back on plans for a bloodstock partnership.  Prior to the June 1989 meeting, arrangements were in place for the purchase of stallions and Mr Mitchell arranged a $200,000 bank overdraft for the Lynds/Mitchell partnership.  Within one month, $175,000 of this partnership overdraft was used by Mr Mitchell to meet pressing personal farming debts.  Purchase of two stallions was completed in early June.
Justice Mallon ruled Fitzherbert Rowe knew by late May/early June that Mr Mitchell was in financial difficulty and the law firm should have advised Mr Lynds to get independent legal advice before signing bloodstock loan documents.  The firm could not act at the same time for both Mr Mitchell and Mr Lynds.  The interests of the two clients were in conflict.  Taking out a partnership loan for bloodstock put Mr Lynds’ personal finances at risk.  He could be forced to pay Mr Mitchell’s share of partnership debts if his business partner defaulted.  Ultimately the partnership failed.  Syndication of the stallions: Le Belverdere and Epidaurus, was not successful.  Out of 48 shares on offer, only 21 sold.         
Mr Lynds became aware of Mr Mitchell’s financial difficulties and subsequently Fitzherbert Rowe’s knowledge of them only after searching court files in 2006.  Mr Mitchell died four years later.
Lynds v. Fitzherbert Rowe – High Court (13.06.17)

17.066