Ruling clears way for $15m case against Amaltal

By PAUL PANCKHURST

Nelson fishing company Amaltal failed in a bid in the High Court at Auckland to knock out a $15 million action by a former partner alleging fraud.

Japan's Maruha claims to have been duped by Amaltal over fishing quota and tax savings when the pair were partners in a joint venture from 1985 to 1991.

In a judgment delivered last Friday, Justice Rodney Hansen refused Amaltal's application for a summary judgment against Maruha and also an alternative application by Amaltal to strike out parts of Maruha's statement of claim.

The decision clears the way for the case to go to trial.

The joint venture was called Amaltal Taiyo Fishery Company.

Maruha put in the deepsea trawlers and technology, Amaltal the fishing licences and quota.

The Japanese company says it learned in 2000 that Amaltal had benefited from a hoki quota mix-up in 1986, where the Ministry of Agriculture and Fisheries allocated 3000 tonnes to the joint venture and 7000 tonnes to Amaltal despite intending the reverse.

Amaltal denies this.