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Home / Business / Markets / Commodities

Petroleum firm stoush heads back into court

NZ Herald
23 Mar, 2014 03:15 PM3 mins to read

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Greymouth Petroleum's former chief operating officer and director John Sturgess fell out with board members and fellow shareholders Peter Masfen, above, and Mark Dunphy in 2010. Photo / APN

Greymouth Petroleum's former chief operating officer and director John Sturgess fell out with board members and fellow shareholders Peter Masfen, above, and Mark Dunphy in 2010. Photo / APN

A long-running and acrimonious dispute between two rich-lister shareholders of Greymouth Petroleum and their former colleague at the oil and gas company is heading back to court this week with multiple appeals due to be heard in Wellington.

Greymouth Petroleum's former chief operating officer and director John Sturgess fell out with board members and fellow shareholders Peter Masfen and Mark Dunphy in 2010.

Dunphy is Greymouth Petroleum's executive chairman, while Masfen is a non-executive director of the firm.

A former Olympic rower, Masfen is a prominent businessman who was worth $390 million last year, according to the National Business Review's Rich List. This same list put Dunphy's wealth at $240 million.

In August 2011 Dunphy and Masfen launched High Court action against Sturgess which made "wide-ranging complaints" about his conduct.

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These included allegations that he failed to report adequately to the board, conducted operations without approval (in some cases negligently), entered into improper related-party dealings and made inappropriate recruitment decisions.

Dunphy and Masfen sought orders that Sturgess' interests sell their stake in the Greymouth group and sought damages for the now-former director's alleged negligence.

After a seven-week trial Sturgess - and interests associated with him - were ordered to sell their shares at fair market value by Justice Murray Gilbert.

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In his decision last May, the judge said Sturgess had a "readiness to ascribe responsibility to others when things went wrong" and listed examples of this.

"These instances, and others like them, combined with Mr Sturgess' inadequate, evasive and sometimes misleading reporting, led to the destruction of trust that was essential to the working relationship between Mr Sturgess and the other two directors. This had become a major issue by the end of 2010. I consider that Mr Sturgess must take primary responsibility for this," Justice Gilbert said.

Dunphy, and interests he represents, hold 52 per cent of the company while Masfen - with his wife - owns 34 per cent. Sturgess and interests associated with him own 14 per cent.

The value of the 14 per cent stake - presently due to be sold - will be determined after an arbitration hearing, scheduled for next month.

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In the meantime, Sturgess has launched a "wide-ranging appeal" and is challenging the findings that he was negligent and breached reporting obligations.

In turn, Greymouth Petroleum Holdings is appealing against "the High Court's failure" to order damages, or an inquiry into damages.

The trustees of a family trust associated with Sturgess - Jet Trustees Ltd - is also making an appeal.

The appeals are due to begin this morning and will be heard together by Justices Anthony Randerson, Forrest Miller and Douglas White.

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