Malcolm Clark and his son Lance Clark started their Clark & Son business 26 years ago, but fell out last year and are now embroiled in a High Court battle over a tractor. Photo / 123RF
Malcolm Clark and his son Lance Clark started their Clark & Son business 26 years ago, but fell out last year and are now embroiled in a High Court battle over a tractor. Photo / 123RF
The personal and business relationship between a father and son is in tatters after a scrap over the alleged theft of a tractor, and claims a court order for its return has been ignored.
Malcolm Clark and his son Lance Clark were in business together for decades, trimming treesand shelterbelts for 26 years under the name Clark & Son.
However, their relationship fell apart late last year over a dispute related to the company, according to a High Court judgement released this week.
Lance took the newer of Waikato-based Clark & Son’s two tractors - a Fendt 718 - and formed a new company as a direct competitor, telling his father he’d “f*** us over”, Malcolm claimed in court documents.
The 49-year-old was subsequently removed as a director and shareholder.
But in July the remaining tractor - a Massey Ferguson 7475 Malcolm needed to continue running Clark & Son - vanished.
The 78-year-old blamed his son, according to court documents.
A dispute between a Waikato father and son over the ownership of a tractor has ended up in the High Court.
Early on July 9, Lance went to a Matamata work site where Malcolm was working and removed the tractor, Malcolm alleged in an affidavit to Justice Mathew Downs.
“I arrived at the site at daybreak to find the tractor removed”, he said, noting Facebook posts suggested Lance was responsible.
The father, left with no tractor to continue operating the business, applied to the High Court for an order requiring Lance to return the tractor.
On July 11 Malcolm and his wife Gillian unexpectedly ran into Lance while searching for the tractor, Malcolm said.
“He denied he had it … I drove off and he followed me up the road tailgating me. When I … pulled over, he zoomed past.”
After Malcolm’s daughter and son-in-law arrived, Lance returned and each side videoed the conversation Malcolm claimed included his son saying “he was taking his share of the company”, and that his lawyers were preparing criminal proceedings against them.
Police were called, but before they arrived Malcolm alleged another incident occurred where Lance drove towards his parents “at high speed” before braking just in front.
A police officer told Malcolm that Lance had refused to return the tractor, and police needed a court order before they could intervene.
Malcolm also said his son had applied to liquidate Clark & Son, and he believed Lance took the tractor to force his parents to liquidate the company.
Neither Lance nor anyone on his behalf appeared before Justice Downs at a hearing on July 17, but Malcolm’s lawyer said father and son each had the only sets of keys for the tractor.
It was “improbable” the tractor had been taken by anyone other than Lance or someone acting on his behalf, the lawyer said.
Justice Downs found there was enough evidence to implicate Lance and it was “difficult to conceive any lawful justification” for taking something that was company property.
“The taking of the tractor is likely to constitute a trespass to goods, a conversion, or perhaps theft.”
He ordered Lance to tell Malcolm where the tractor was within four hours, and to deliver it to him.
The tractor hadn’t been returned, and Lance was due in court next month for alleged contempt of court, Malcolm told Stuff this week.
However, he took the tractor back about a month ago after finding out where it was.
“I have to lock it up and hide it so he can’t get it.”
He’d take the other tractor back, too, if he found out where it was as both were company property and Lance had no right to use them, Malcolm told Stuff.
Lance told Stuff his parents had “ripped away … my whole business”, removing him as director and shareholder, and taking away his livelihood.
He’d use the tractor he had and his parents could use the one he said they took from him.
“I’ve been shafted by my whole family … they’ve served so many papers on me. There’s no comeback from it now. I’ve tried all sorts, but they just keep going at me.”
