Construction company Shotcrete (Auckland) is in liquidation with police assistance sought to recover company equipment forcibly removed to Black Power premises in Mangere. High Court evidence revealed arguments over debts for supply of methamphetamine.
Shotcrete Auckland Ltd specialises in spraying wet concrete in construction of swimming pools and retaining walls. The forced relocation of its equipment came to light as part of a dispute between Shotcrete’s 50/50 owners: Duncan McLay and Glenn Tira. Over the last decade, the two operated a joint venture company: Mr McLay in charge of finances; Mr Tira in charge of operations.
The High Court was told negotiations had been underway since October 2019 for them to go their separate ways. Mr Tira alleges Mr McLay concocted a fraudulent scheme to push him out and take control of Shotcrete and their related company Watertite. Mr Tira claims he is owed $1.25 million. In June 2020, Mr Tira obtained High Court orders freezing Shotcrete assets and authorising searches of Mr McLay’s home. Following a subsequent High Court hearing, Justice van Bohemen ruled no freezing order should have been made; Mr Tira was less than frank when telling the court Mr McLay had pushed him out of the business and that Mr McLay had refused him access to company equipment. When unilaterally asking the court for a freezing order without Mr McLay’s knowledge, Mr Tira did not disclose their ongoing discussions about a possible sale and Mr Tira did not disclose that he had already forcibly removed Shotcrete equipment from the company yard. Evidence was given that unnamed people accompanying Mr Tira broke into Shotcrete’s premises, ignored the protestations of security guards and smashed their way out the closed yard, taking company equipment to Black Power premises in Mangere.
The High Court was told that former Shotcrete employee Shane Waaka is alleged to have involved Mr Tira in a drug deal, advancing funds to purchase methamphetamine taken south to Christchurch. There is a dispute over whether this debt has been repaid.
Mr Tira said he is negotiating with Shotcrete’s liquidator to purchase the relocated equipment.
Tira v. McLay – High Court (12.11.20)
20.176