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Volkstok’n’barrell sale scuppered

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Gay3 View Drop Down
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    Posted: 25 May 2015 at 6:51pm

Kiwi galloper Volkstok’n’barrell sale scuppered with owners at odds


Galloper Volkstok’n’barrell has been attracting some high money bids.
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."

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Post Options Post Options   Thanks (0) Thanks(0)   Quote lulu Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2015 at 7:50pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gay3 Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2015 at 7:58pm
Possibly for the same reason as above, 30% don't want to sell but only a wild guess Confused
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lulu Quote  Post ReplyReply Direct Link To This Post Posted: 25 May 2015 at 8:05pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ash Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:48am
Originally posted by lulu lulu wrote:

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.


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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Group 1 Selections Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:55am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Group 1 Selections Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:56am
Originally posted by Group 1 Selections Group 1 Selections wrote:

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 Asia.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gay3 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 10:33am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote djebel Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 10:35am
Originally posted by Gay3 Gay3 wrote:

When Star Spangled was sold there was an elderly lady who refused to sell so she became a shareholder for his stud career.

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.


reductio ad absurdum
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Lordy Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 11:08am
Originally posted by Ash Ash wrote:

Originally posted by lulu lulu wrote:

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.


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.

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote djebel Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 11:15am
Originally posted by Lordy Lordy wrote:

Originally posted by Ash Ash wrote:

Originally posted by lulu lulu wrote:

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.


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.

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.

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 ?
reductio ad absurdum
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Post Options Post Options   Thanks (0) Thanks(0)   Quote whitt0 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 11:29am
^ I dont thinks so Djebel. The 45% can refuse to sign the transfer forms!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gay3 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 11:36am
They may be able to all agree to go to auction purely for valuation, putting an unrealistic reserve on Confused
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lulu Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 11:53am
Fair enough. It is not what I thought could happen. Glad I have never been down that path.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lordy Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 12:47pm
Originally posted by Gay3 Gay3 wrote:

They may be able to all agree to go to auction purely for valuation, putting an unrealistic reserve on Confused


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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Post Options Post Options   Thanks (0) Thanks(0)   Quote rem286 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:13pm
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
Rules of Racing. A copy of the rules can be found at www.racingaustralia.horse . As such, the manager may sign a Transfer of Ownership and Change of Share % forms on behalf of all remaining owners (being those owners who are neither relinquishing nor acquiring a share in the horse), provided there are no changes to the share percentage of each remaining owner. The manager must notify all remaining owners of the transfer of ownership or change of share percentage in advance. By signing this Horse Registration form, each owner consents to any future changes to the ownership composition and structure of the horse requested by the manager, provided there are no changes to the share percentage of each remaining owner.

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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Post Options Post Options   Thanks (1) Thanks(1)   Quote rem286 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:15pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote ExceedAndExcel Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:20pm
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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Post Options Post Options   Thanks (1) Thanks(1)   Quote linghi11 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:38pm
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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Post Options Post Options   Thanks (1) Thanks(1)   Quote Group 1 Selections Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:41pm
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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Post Options Post Options   Thanks (1) Thanks(1)   Quote rem286 Quote  Post ReplyReply Direct Link To This Post Posted: 26 May 2015 at 9:48pm
Originally posted by linghi11 linghi11 wrote:

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 

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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Post Options Post Options   Thanks (1) Thanks(1)   Quote Lordy Quote  Post ReplyReply Direct Link To This Post Posted: 27 May 2015 at 7:31am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote SkyDancer Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2019 at 5:34pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote VOYAGER Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2019 at 7:05pm
Very hard horse to place, thanks to his group 1 win, which was so long ago it should be irrelevant!




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Post Options Post Options   Thanks (0) Thanks(0)   Quote TJMitchell Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2019 at 7:50pm
Send him back to NZ
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SkyDancer Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2019 at 8:14pm
Plenty of Country Cups coming up for him to try
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gay3 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2019 at 8:33pm
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 Confused
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