合法的

Villa Maria legal battle sours further

高等法院允许接收者退缩数百万美元来与葡萄酒行业先驱的法律要求作斗争必威手机登录

Receivers of the Villa Maria wine empire will retain $5 million from any surplus after they pay off debts, to fund their legal defence in a bitter blow to the business’ former owner, Sir George Fistonich.

Despite the setback, Fistonich is vowing to continue his legal battle against Calibre Partners' Brendon Gibson and Neale Jackson, the appointed receivers of Villa Maria’s former parent company and sole shareholder, FFWL.

“I am disillusioned that [the receivers] have been allowed to keep $5.1m from the sale of Villa Maria to protect themselves against any legal action I may take,” Fistonich said in a written statement.

“However, I will not let this deter me from seeking justice for the sale of Villa Maria at an obvious undervalue.”

在今天发布的一项判决中，杰拉德·范·波希门（Gerard Van Bohemen）法官裁定，接收者可以从大约4000万美元的盈余资金中持有516万美元，以防止菲斯托尼奇（Fistonich）对他们带来的当前数量和潜在的未来，可能的法律挑战。

The decision follows a hearing in the High Court at Auckland earlier this month, where Fistonich’s lawyer James Farmer QC argued the receivers' bid to retain the funds should be declined, as the money would be used to fund their legal defence against Fistonich’s allegations of neglect or breach of duty.

Farmer also challenged the reasonableness of the receivers holding onto a sum as large as $5 million.

But Justice Van Bohemen sided with the defendants' lawyer Adam Ross QC and allowed the application.

范·波希门（Van Bohemen）表示，“否则……将违反公共政策以及公认的原则，即接收者通常有权获得赔偿和留置权，以应对其履行其作为接收者的职责而产生的费用。

“I am satisfied that the receivers have a right to withhold a retention to defend allegations of neglect, default or breach of duty against them,” the ruling said.

Van Bohemen also dismissed Fistonich’s claim that $5 million was too large a sum to retain.

Last May, Villa Maria's parent company, FFWL, was put into receivership. A receivers' report later revealed the company owed Rabobank and ANZ about $212 million and Indevin New Zealand purchased the Villa Maria Estate business for $190m.

The winery’s treasured Māngere site, which doubled as a concert venue, ended up in the hands of Goodman Property Trust for $75m, but Fistonich believed the land was valued at a much higher price.

Fistonich has launched a number of legal claims against the receivers - one challenging their conduct around the sale of the land and another requesting all documents relating to the sale of the Māngere vineyard site.

He intends to file another claim that the receivers were negligent and sold this land for less than it was worth.

接收者否认指控。