By ANNE GIBSON property editor
A decision on a legal dispute over the Force Entertainment Centre in Auckland is expected today.
MTM Entertainment Trust of Australia agreed to buy the centre, but is now disputing plans and stepping back from the deal.
After a three-day hearing this week, Justice Hugh Williams said he expected to deliver his judgment on the action between MTM, Force Holdings and Force Corporation by today.
Force presented evidence that MTM had agreed to buy the centre and paid $50 million. But MTM is now disputing architectural plans for the Queen St centre, which includes the giant Imax theatre, 12 cinemas, the Planet Hollywood restaurant, cafes, clubs, bars and a food court.
A disagreement between MTM and Force arose on December 30 last year when Force's architects, Walker Co Partnership, issued a certificate of practical completion for the centre.
This was "immediately challenged by MTM," counsel for Force, Rhys Harrison said in court this week. The dispute was over alterations made to those plans and a separate set, referred to as the "V" set.
"The drawings MTM does not agree are correct are the "V" issue drawings," Mr Harrison said, which included a Queen St elevation for the building.
The certificate of practical completion had been issued based on the development of the "V" set of drawings, but MTM advised it did not agree these were the correct drawings.
MTM claimed the centre as built is not the centre it had contracted to finance and then buy. It says consent for design changes was not sought or obtained.
The disagreement over plans means that it has not been possible for an arbiter to decide the date of practical completion.
Force director Peter Garner said that the final value of the finished centre was yet to be determined, but he expected it to be worth about $75 million.
Mr Garner said the date of practical completion "was December 30, 1999."
But MTM claim the centre was not finished until January.
Force decision over ownership dispute today
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