Team New Zealand’s allegation of an inappropriate claim for $1,240.49 lunch expenses as office expenses by event organisers Mayo & Calder pales into insignificance against the larger claim of $2.814 million allegedly lost by Mayo & Calder through an online bank fraud. Mayo & Calder was subsequently fired as event organiser for Team New Zealand’s 2021 Auckland defence of the America’s Cup.
Preliminary rounds are being fought out in the High Court, with Team New Zealand keen to pin down who released confidential information to the media as their dispute escalated mid-2020.
After Mayo & Calder was fired from its job as event organiser in June 2020, Team New Zealand filed legal action against Mayo & Calder Ltd, principals Grant Calder and Thomas Mayo together with Mayo & Calder accountant Michael Choy. It alleges negligence in their performance as event organisers. They in turn sued, alleging Team New Zealand unlawfully terminated their contract.
This dispute has yet to be heard in court. Mr Calder has died. His estate takes his place as litigant.
As part of pre-trial procedures, Team New Zealand demanded copies of documents held by Mayo & Calder. Response has been slow and inadequate, Team New Zealand says. Justice Venning ordered Mayo & Calder to fully comply with an earlier court ruling requiring disclosure.
Team New Zealand also demanded Mayo & Calder answer a specific series of questions, on oath, pre-trial. Many of these questions concern the content of telephone conversations Mayo & Calder had with public relations companies and journalists. Both Mr Mayo and Mr Choy refused to answer most of these questions, saying many were premised on issues of disputed fact. Justice Venning listed the questions required to be answered, allowing that the two may include in their answer reference to what facts, if any, they disagree with.
Team New Zealand was particularly enraged that details of Team management meetings found their way into the media together with information from a confidential Business, Innovation & Employment interim report triggered by allegations of financial wrongdoing made against Team New Zealand by a whistleblower. The final report found no financial impropriety by Team New Zealand. The High Court was told Team New Zealand suspects the whistleblower was associated with Mayo & Calder.
America’s Cup Event Ltd v. Mayo & Calder Ltd – High Court (1.12.23)
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