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Volkstok’n’barrell sale scuppered |
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Gay3
Moderator Group Joined: 19 Feb 2007 Location: Miners Rest Status: Offline Points: 52012 |
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Posted: 25 May 2015 at 6:51pm |
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Kiwi galloper Volkstok’n’barrell sale scuppered with owners at odds
Trish Dunell/NZ Racing Desk
Galloper Volkstok’n’barrell has been attracting some high money bids. A multi-million-dollar deal to buy glamour galloper Volkstok'n'barrell has been scuppered because his owners are at odds over the sale.And stressed out trainer and part-owner Donna Logan is urging New Zealand Thoroughbred Racing to implement a standard agreement for syndicates to avoid others suffering the turmoil she has experienced in the past six weeks. Volkstok'n'barrell has been the subject of numerous offers since he began racing last August, and shares in him have been traded among syndicate-holders to fend them off, like earlier this season when $1.8 million was on the table. The washup of that saw the horse owned by Logan, Garry Cossey, Jim, Anne and Chris Gibbs, Ashley Goodwin and Australia's Rosemont Stud. But when the latest bid was made, by an English agent on behalf of a Hong Kong owner, the sum was so large – believed to be a world record for a gelding – talks became serious. Logan did not want to reveal the exact sum but said it was enough "to buy a couple of houses in Auckland" and made most of the owners realise the time had come to be realistic. They had enjoyed a wonderful ride so far, the horse winning nearly $850,000 and competing at the very highest level both here and in Australia, where he won the Rosehill Guineas, but the offer was just too good to refuse. But while 70 per cent of the owners want to sell, the other 30 per cent do not, and Logan said she did not want to get involved in a nasty court battle to resolve it. "I haven't gone down the legal path myself but a couple of the other owners have sought advice and it's not just a matter of the majority rules. "We'd have to go to court and having a legal battle doesn't make for goodwill. I'd hate it if there was a forced sale." Logan said the old adage that it takes a very good horse to bring out the worst in people was certainly true and she had cultivated a few more grey hairs in the last few weeks trying to sort it out. "But it should never be able to get to this stage. When you buy a house you sign legal documents and you know the rules but things are pretty slack in racing. "When you buy into a horse everyone should sign an agreement so you know what happens if a sale comes up. All the partners should have first right of refusal at the price offered and then it should be majority rules." But it shouldn't be up to individual owners, who may be new to racing, to draw up the document – racing's governing body should provide a standard form, she said. Such an agreement could also stipulate the 10 per cent fee which trainers have traditionally earned from sales and give trainers legal protection from bad debts. "The days of gentlemens' agreements are long gone." Logan said she was far from wealthy and it was scary having a horse worth so much money sitting in her yard. "I've only got a small share but even that would relieve a lot of the financial pressure on me. You don't make money training horses in New Zealand. But, hey, I can always go and dig some tua tua or catch a fish if I get really hungry." Logan said people had commented they needed their heads read for not selling, with the well known vagaries of racing. She knew individual owners had their shares insured even though, as a gelding, Volkstok'n'barrell had no residual value. "It's been a wonderful journey so far and, hopefully it will continue, but he may get injured and never win another race. Or then he might go on and win the Cox Plate." Logan said discussions were underway to see if the reluctant owners would buy out some of their partners' shares but at a lower level than the current offer. On the plus side, Logan said it was a pleasure having a horse like Volkstok'n'barrell in her stable especially with the recent departure to Australia of star mare Rising Romance. "He's come back in this week in wonderful order. The people who were spelling him said they were too scared to keep him longer the way he was bucking and kicking." Logan said there were worse things in life to cope with: "we could be worrying about a whole lot of slow horses." Chief executive Greg Purcell said while NZTR was drafting a standard template covering issues between trainers and owners, no such agreement existed for the sale of horses, unless it was by an authorised syndicator. "But that is something that we would be prepared to look at." - Stuff |
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Wisdom has been chasing me but I've always outrun it!
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lulu
Champion Joined: 20 Feb 2011 Status: Offline Points: 1298 |
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Excuse my ignorance but why wouldn't they put him through an auction and sort out his true value and who really wants to buy him?
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You're either Einstein or Frankenstein in this game.
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Gay3
Moderator Group Joined: 19 Feb 2007 Location: Miners Rest Status: Offline Points: 52012 |
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Possibly for the same reason as above, 30% don't want to sell but only a wild guess
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Wisdom has been chasing me but I've always outrun it!
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lulu
Champion Joined: 20 Feb 2011 Status: Offline Points: 1298 |
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Yes Gay but the 70% rule. That gives the 30% the chance to stump up. Many syndications go their own ways. Usually for reasons other than success. Still the best way to sort the wheat from the chaff.
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You're either Einstein or Frankenstein in this game.
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Ash
Champion Joined: 18 Aug 2011 Location: Mildura Status: Offline Points: 663 |
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I think that's the point lulu. The 70% don't rule, not in horses anyway. If you own any % you can't be forced to sell. |
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Group 1 Selections
Champion Joined: 11 Sep 2012 Status: Offline Points: 13740 |
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Good for Australian/ Nz racing and as someone that has been a big fan of the horse from the day dot I am glad they have not hocked him off to NZ.
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Group 1 Selections
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Gay3
Moderator Group Joined: 19 Feb 2007 Location: Miners Rest Status: Offline Points: 52012 |
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When Star Spangled was sold there was an elderly lady who refused to sell so she became a shareholder for his stud career.
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Wisdom has been chasing me but I've always outrun it!
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djebel
Premium Joined: 07 Mar 2007 Status: Offline Points: 53960 |
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I was going to say, I can not understand why the other 70% do not sell and the remaining 30% put up with the new owners but I guess Hong Kong would be a stumbling block as not just anybody can own a horse over there. |
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reductio ad absurdum
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Lordy
Champion Joined: 22 May 2010 Location: Sunshine State Status: Offline Points: 13887 |
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Sending them off to auction in these scenarios is usually to determine the market value for the owners taking over shares. All still need to agree to take that path. |
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djebel
Premium Joined: 07 Mar 2007 Status: Offline Points: 53960 |
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Is that right ? If I own 55% and you 45% do we both have to agree to send the horse to auction ? Surely the 55% owner rules the roost ?
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reductio ad absurdum
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whitt0
Champion Joined: 01 Jun 2014 Location: Australia Status: Offline Points: 10911 |
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^ I dont thinks so Djebel. The 45% can refuse to sign the transfer forms!
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Gay3
Moderator Group Joined: 19 Feb 2007 Location: Miners Rest Status: Offline Points: 52012 |
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They may be able to all agree to go to auction purely for valuation, putting an unrealistic reserve on
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Wisdom has been chasing me but I've always outrun it!
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lulu
Champion Joined: 20 Feb 2011 Status: Offline Points: 1298 |
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Fair enough. It is not what I thought could happen. Glad I have never been down that path.
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You're either Einstein or Frankenstein in this game.
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Lordy
Champion Joined: 22 May 2010 Location: Sunshine State Status: Offline Points: 13887 |
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Normally it would be unreserved. The owners wanting to take over the shares can bid up to whatever value the believe is right. If somebody else is willing to pay more than that then they lose the horse. |
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rem286
Champion Joined: 17 Mar 2015 Status: Offline Points: 767 |
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Don't know if the same applies in NZ but this is from the Australian Rules of Racing:
The manager acts for and represents the other joint owners as described in the Australian By signing this Horse Registration form: (a) each owner agrees that RA, to the maximum extent permitted by law, is not liable to make any payment for any claim, loss or liability that may arise from the manager signing a Transfer of Ownership or Change of Share % form; and (b) the manager indemnifies RA against any claim, loss or liability that arises from that manager signing a Transfer of Ownership or Change of Share % form on behalf of another person. |
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rem286
Champion Joined: 17 Mar 2015 Status: Offline Points: 767 |
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In other words the managing owner can't sell the horse on behalf of the other owners. Each individual owner must agree to the sale of their share. I went through this recently, a couple of us wanted to keep our share but the new "majority" owner was intent on moving the horse interstate so we gave up and sold anyway
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ExceedAndExcel
Champion Joined: 20 Dec 2008 Status: Offline Points: 16245 |
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Forgive my ignorance but why couldn't the 70% still sell? The new owners would have a controlling interest and be able to do whatever they want with the horse even to the point of deliberately alienating the other 30% if they wanted to be nasty about it.
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linghi11
Champion Joined: 17 Apr 2013 Status: Offline Points: 7497 |
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unwilling shareholders have to endorse transfers of shares anyway, plus if it's going to HK the new owners would hardly want to co-own
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to the victor
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Group 1 Selections
Champion Joined: 11 Sep 2012 Status: Offline Points: 13740 |
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The owners of Brazen Beau went through this last year before the Coolmore. Majority wanted to sell, minority wouldn't give and now the horse is worth 21mil.
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rem286
Champion Joined: 17 Mar 2015 Status: Offline Points: 767 |
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Not sure about New Zealand but I was pretty sure that in Aus the managing owner can sign that without their consent as long as the remaining owners percentage of ownership is not changed. It is clearly laid out in the Rules of Racing and if they signed the paperwork without reading they up that famous old creek without a paddle. Not sure what happens though when it is the managing owner that wants to keep the horse, then it may get tricky as I suppose they could refuse to sign the transfer of ownership and then follows the legal battle.
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Lordy
Champion Joined: 22 May 2010 Location: Sunshine State Status: Offline Points: 13887 |
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Yep, that transfer rule was only recently changed. It was painful when one person sold a share and you had to chase up signatures of all owners even when there was no change to their share. Much better with the new rule.
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SkyDancer
Champion Joined: 02 Aug 2014 Location: Cranbourne Status: Offline Points: 8429 |
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Much better run today.
Not sure what they are aiming him at, but he looks like he is still up to it. |
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VOYAGER
Champion Joined: 03 Aug 2007 Location: Australia Status: Offline Points: 18737 |
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Very hard horse to place, thanks to his group 1 win, which was so long ago it should be irrelevant!
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Remember, it might take intelligence to be smart , but it takes experience to be wise
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TJMitchell
Champion Joined: 29 Jun 2014 Location: Melbourne Status: Offline Points: 16917 |
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Send him back to NZ
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SkyDancer
Champion Joined: 02 Aug 2014 Location: Cranbourne Status: Offline Points: 8429 |
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Plenty of Country Cups coming up for him to try
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Gay3
Moderator Group Joined: 19 Feb 2007 Location: Miners Rest Status: Offline Points: 52012 |
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After his 1st Flem jumpout, DOB said he'd have several runs to reach fitness & then assess where he's atso I'm thinking around 4th up
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Wisdom has been chasing me but I've always outrun it!
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