02 March 2018

Maori: Ngati Tama Custodian Ltd v. Phillips

With most of its $14.5 million Treaty settlement lost in failed business ventures, Ngati Tama is back in court arguing over intellectual property rights attached to its unsuccessful investment in the MyVirtualHome system. 
Taranaki iwi Ngati Tama received $14.5 million cash from its 2001 Treaty settlement.  With little more than 1000 members, it is one of the smallest iwi.  One of its failed investments was a nine per cent investment of one million Australian dollars in MyVirtualHome International Ltd.  The company proposed using computer aided design for house building.  Its most valuable asset was intellectual property.  The company has been wound up insolvent.  The High Court was told MyVirtualHome assets were sold by a secured creditor to a company called KGB Ltd in a deal which included only $9000 in cash.  Ngati Tama disputes the sale.  KGB is associated with David Phillips.  He was a consultant to MyVirtualHome.  He is director of MyVirtualHome’s largest shareholder.
Mr Phillips now alleges Ngati Tama is illegally using MyVirtualHome intellectual property.  A ‘cease and desist’ notice was issued.  Ngati Tama in turn alleges KGB purchased the intellectual property at an undervalue.  It wants an investigation into the sale.  MyVirtualHome liquidators did investigate, describing the sale as ‘ill-considered and ill-conceived’.  They decided to take no further action.
Back in court, Ngati Tama alleges Mr Phillip’s ‘cease and desist’ letter breaches an earlier out of court settlement in which all parties agreed no one would make any further claims against the other.  Justice Courtney ruled ownership of the company’s intellectual property was never in dispute.  The sale to KGB was binding.  While there is a dispute about the terms of the deal, no steps have been taken to challenge it.  There was no breach of the out of court settlement when Mr Phillips sought to enforce his property rights, she ruled.
Ngati Tama Custodian Trustee Ltd v. Phillips – High Court (2.03.18)

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