Share Investor: Simon Botherway

Showing posts with label Simon Botherway. Show all posts

Friday, February 11, 2011

Allan Hubbard Saga: Supporters Risk Legal Action

The unappointed and unofficial support team for Allan Hubbard, traveling salesman Paul Carruthers and his team, last week sent a complaint to the Chief Ombudsman, Ms Beverley Wakem, requesting information over their failed bid to prove a conflict of interest surrounding Simon Botherway in relation to Allan Hubbard's failed business interests made late last year.

The following paragraph from the complaint is also the basis of their former complaint and the reason for the latest one:

We (the Hubbard Support Team) remind you that Allan Hubbard was the Chairperson and majority shareholder of SCF at the time SCF took receivership action against Botherway's brother. Following South Canterbury's Finance's actions for receivership Simon Botherway's brother was later adjudicated bankrupt. We note six days following the bankruptcy declaration (www.insolvency.govt.nz) the decision to place Allan Hubbard into statutory management was made. Bankruptcy in itself is a significant infringement on any individual. A bankrupt can not travel out of New Zealand or engage in business unless they first seek official authority. Nor can the bankrupt apply for credit unless they first disclose their bankruptcy to the creditor.

It was of course revealed here last year that the basis for the Allan Hubbard Supporters complaint concerning Mr Botherway had no basis in fact:

NZB (NZ Breweries) appointed a receiver on Friday 26th of June 2009. Their receivers sent a fax to SCF about 11am that morning giving them until 2pm to respond, SCF had no option but to appoint their own receivers to Merivale Ale House (Auckland Bars).

A week later PWC advised SCF to place the South Island bars in receivership so they could control all the businesses. The detail of this is available in the easily obtainable Receivers Report

Furthermore, Botherway was not involved in any of the decision making regarding Allan Hubbard's South Canterbury Finance and related companies and investigations into those companies.

These are the facts of the case from a reliable source and Allan Hubbard Supporters, led by Mr Carruthers, risk possible legal action from some of the parties named in their complaint if they continue to push such falsehoods as indicated in the latest missive from them, from the toilet block from where it is clearly written.

There will be a 6th Grant Thornton Report out late February.

Allan Hubbard Saga

Full SFO Statement on SCF Fraud Investigation

Hubbard Letter to Simon Power

Friday, September 24, 2010

Allan Hubbard Saga: No Longer Bothered by Botherway

The following is a meaculpa of sorts to Simon Botherway, a man entangled in what was perceived as a conflict of interest on his part over the Statutory Management of a couple of Allan Hubbards financial entities back in June 2010.

I wrote this back in June:

Mr Botherway and his SEC have been of course behind the statutory management of Allan Hubbard and his Aoarangi Securities, a crackdown which has apparently come out of the blue and inconsistent with the SECs track record in terms of the aforementioned bus ticket slapping.

It turns out that this is where things get really interesting in terms of Mr Botherway and his capacity as the a SEC board member. Stuff.co.nz has reported this morning that Mr Botherway has a conflict of interest of his own when it comes to his recommendation to send Mr Hubbard to Coventry:

A member of the Securities Commission (Mr Botherway) which recommended Allan and Jean Hubbard be placed in statutory management is also the brother of a businessman placed in receivership by South Canterbury Finance (SCF) last year. Stuff.co.nz

Allan Hubbard is the owner of SCF.

Mr Bothwerway only disclosed his conflict yesterday:

Commission member Simon Botherway yesterday declared he had a "potential conflict of interest" in the Hubbard case as the brother of businessman Jonathan Botherway.

Jonathan Botherway's hospitality empire collapsed in July 2009 after SCF, which was then owed $7.8 million, put him in receivership.

Simon Botherway would not comment yesterday and instead referred questions to the commission. Shareinvestor Blog, June 25, 2010

Well, it turns out stuff.co.nz and by implication myself, was wrong and wish to apologise to Simon for implicating him at all.

I am now aware of the facts over this perceived conflict and am now convinced that there is very little to it. My anonymous source assures me the following is accurate and I have no reason to doubt this source.

This is why:

* South Canturbury Finance did not put Mr Botherway's brother into receivership as is widely accepted in the majority of media reports.

A week later PWC advised SCF to place the South Island bars in receivership so they could control all the businesses.

Read the publicly available Receivers Report

* Botherway did not receive the anonymous letter of complaint (from an Aorangi investor to the Securities Commission) and has not actually seen it. Hubbard's supporters have claimed he has.

The investigation was led by the Companies Office and to the knowledge of my source* there were no Sec Com staff involved in it, and there were no Members of the Commission involved).

*Botherway didn't author any report on Aorangi or any of the other parties recommended for Statutory Management as widely reported and pushed by Hubbard supporters.

This apparent conflict has been the red hearing for Allan Hubbard supporters, and they have been using David Cunliffe, in parliament and on his own facebook page to go after Botherway. It has turned into a political muck-raking situation now for Labour in their pursuit of National over South Canterbury Finance but as we know the facts of the case in David Cunliffe's eyes are only as good as the information being supplied to him from Allan Hubbard Supporters. That information is clearly inaccurate at best and a complete fabrication at worst.

Cunliffe is of course using parliamentary privilege to divulge this stuff and he is clearly misleading the house.

* Wishing to remain anonymous but a credible source.

Wednesday, September 22, 2010

Allan Hubbard Saga: Supporters head to the exit door

Interesting that in a piece in the Otago Daily Times on the case that Allan Hubbard supporters say they have against the Statutory Management of several of his financial entities and the spectacular crash of South Canterbury Finance indicates that it is unraveling quicker than a mangy cat pulling on a wet ball of wool:

"Chief Ombudsman Beverley Wakem was yesterday forced to tone down claims her office was investigating an alleged conflict of interest against Securities Commission member Simon Botherway, saying it was looking at the process and procedures followed, not Mr Botherway's actions.

Also yesterday, a formal business connection claimed by the group to exist between Mr Botherway and Christchurch businessman George Kerr was revealed to have ended in December 2004, when Mr Kerr resigned as a director of Brooke Asset Management.

Information on the New Zealand Companies Office website shows Mr Botherway resigned as a director in July 2008 and that Brooke Asset Management is now owned by Macquarie Investment Management Ltd.

The Securities Commission in June recommended Aorangi Securities, seven charitable Trusts and Mr and Mrs Hubbard be placed in statutory management, but it was several days later that Mr Botherway revealed that last year businesses owned by his brother, Jonathan, had been placed in receivership by South Canterbury Finance (SCF), owing $7.8 million.

The Stand By Hubbard campaigners accuse Mr Botherway of having a conflict of interest as a result, a claim that appeared to have some substance when the Office of the Ombudsmen earlier this month agreed to an investigation.

But Ms Wakem contacted media yesterday to emphasise her office was not investigating Mr Botherway and the process was fair and administrative justice was followed in the disclosure of a potential conflict of interest." Otago Daily Times, 22 Sept 2010

Those of you reading my comments on this long-winded saga will know that Allan Hubbard's supporters didn't really have a case from the get-go.

Claims by Paul Carruthers, one of the main drivers of the case supporting Hubbard, have ranged from multiple conflicts of interests, fraud by several politicians and business identities and a conspiracy planned by John Key's Government to set up a bank with his mates in Canterbury.

Claims made by Carruthers and something I was questioning myself, that Simon Botherway had a conflict of interest as his position as a board member of the Securities Commission clashed with its involvement in the statutory management of the Hubbards and the fact that a company owned by Botherway's brother was wound up by South Canterbury Finance, are also looking quite tentative given comments made that the ombudsman is only looking at processes followed rather than the actions of Mr Botherway.

Paul Carruthers submitted the complaint to the ombudsman.

I agree with Carruthers that Botherway's conflict should be investigated. I believe that no matter if he didn't have a "real" conflict of interest - I cant see how he didn't - it is the perception in the public's eye that counts and it is clear that our perception is that Simon Botherway had a conflict at least in that sense.

On Paul, he has spontaneously combusted into the ether after my questioning of him on this post and on a personal Facebook exchange with me yesterday, on the validity and availability of the Pricewaterhouse Coopers Report that his group have placed utmost importance on.

"I never claimed to have it but that doesn't mean I haven't seen it. Why do you want to see it if you are already convinced he is guilty? Are they not paying you enough? Hedging your bets just in case huh?" Facebook Exchange

Paul's personal Facebook page has vanished as have all the comments on the Help Allan Hubbard Facebook page as well as all documents related to his "case" on the Standbyhubbard.org site.

Is Paul sitting somewhere in a corner violently rocking back and forth? He doesn't do quiet at all.

Given the slow unraveling of evidence against Allan Hubbard thus far and more to come over the coming weeks - Grant Thornton Report 3 is due next week - I am betting that Paul and his merry band of pied piper followers will disappear into the ether with not much more than a squeak.

Pressure from myself and others seems to be batting the bastards back.

The silence from the affirmative is deafening.

Friday, June 25, 2010

Bothered by Simon Botherway

I made some comments about potential conflict of interest at the Securities Commission (SEC) in April and Simon Botherway was on my list because of his directorship on Fisher & Paykel Appliances [FPA.NZ] board while also being a board member on the SEC.

In an interview this week on National Radio's Nine to Noon Mr Botherway was explaining his appointment as chairman of the new regulatory body, the Financial Markets Authority (FMA) set up to oversee our financial markets.

While much of what I heard was commendable, his comments didn't really excite me enough to make me think that the FMA would be a force to be reckoned with - Remember Mr Botherway has been on the board of the SEC when they have been about as effective as a wet bus ticket slapper (without the ticket) on errant financial offenders or preventing offenses in the first place.

Mr Botherway and his SEC have been of course behind the statutory management of Allan Hubbard and his Aoarangi Securities, a crackdown which has apparently come out of the blue and inconsistent with the SECs track record in terms of the aforementioned bus ticket slapping.

It turns out that this is where things get really interesting in terms of Mr Botherway and his capacity as the a SEC board member. Stuff.co.nz has reported this morning that Mr Botherway has a conflict of interest of his own when it comes to his recommendation to send Mr Hubbard to Coventry:

A member of the Securities Commission (Mr Botherway) which recommended Allan and Jean Hubbard be placed in statutory management is also the brother of a businessman placed in receivership by South Canterbury Finance (SCF) last year. Stuff.co.nz

Allan Hubbard is the owner of SCF.

Mr Bothwerway only disclosed his conflict yesterday:

Commission member Simon Botherway yesterday declared he had a "potential conflict of interest" in the Hubbard case as the brother of businessman Jonathan Botherway.

Jonathan Botherway's hospitality empire collapsed in July 2009 after SCF, which was then owed $7.8 million, put him in receivership.

Simon Botherway would not comment yesterday and instead referred questions to the commission.

Commission spokesman Roger Marwick said chairwoman Jane Diplock was made aware of the connection yesterday, five days after the recommendation was made to Mr Power, but did not believe there was a conflict on interest.

"Mr Botherway was on the division of the commission that recommended that Aorangi Securities Limited and associated persons be placed in statutory management. Mr Botherway has informed the commission of matters concerning a family member and South Canterbury Finance.

"This was done at the monthly meeting of the commission today in the context of declaring a potential conflict of interest in relation to South Canterbury Finance." Stuff.co.nz

This is a clear conflict of interest on Mr Botherway's part and Jane Diplock has got it wrong when she says it isn't.

Mr Botherway needed to declare his conflict of interest before the SEC made its decision to put Mr Hubbard in statutory management and excuse himself from the process.

Perhaps there is no direct conflict of interest but the process has to be at least free of potential conflict.

Botherway should re-consider his position of chairman of the FMA. This incident over his brother and Mr Hubbard is a major oversight on his part and his inability to judge this correctly and excuse himself from the decision to put Mr Hubbard in financial limbo needs to be recognised by himself and by those that appointed him as below the standard for a person in his position.

When asked about his opinion on Mr Hubbard and the position he has found himself him in his Wednesday interview, Mr Botherway decided not to comment.

Recent Share Investor Reading

c Share Investor 2010

Wednesday, September 26, 2007

Sky City Entertainment Group Ltd: Premium for Control

Sky City Entertainment Group Ltd [SKC.NZX] the New Zealand based casino and cinema operator has been under speculation of a buyout for about a week now.

A name has finally hit the streets, albeit still unconfirmed, TPG Newbridge, one of the world's biggest private equity funds, with links to Sky City's former operator the casino giant Harrahs.

TPG is in the process of tying up a deal to buy the casino group Harrahs and has also been busy buying up casinos around the world.

Owen Blicksilver, a New York- based TPG spokesman, said that the company would not comment on whether it was considering a buyout of Sky City, which he termed "market speculation".

My only consideration, should this speculation have wings, is the price TPG or any other suitor should pay.

Over the 10 years that I have been invested in the New Zealand Stockmarket, many companies have been bought by foreign buyers and usually at a very cheap price in comparison to similar companies and the sectors that they operate in overseas.

Premiums paid for control of good companies haven't been sufficient but hapless management have fallen over to big incentives and short-sighted business plans. Share holders have simply folded their tent for a quick buck and run to the hills to count their beans.

Recently, the bid by MFS living and Leisure, an Australian Tourist operator, failed when it tried to make a cheap play for Tourism Holdings Ltd [THL.NZX] the New Zealand listed camper van and tourism owner.

Recent bids by Dubai Aerospace International and a Canadian pension fund bid for Auckland International Ltd [AIA.NZX] have come at the lower end of valuations for control of a strategic monopoly.

In 2005 Waste Management, a listed New Zealand trash monopoly, in which yours truly had a sizable stake, was flogged off by management after they had been given incentives by the bidder Transpacific Waste, from Australia.

The company went for a song and profits made by the new owner since would be more than reflected in a higher than sale price share price today had Waste Management still been listed.

In Sky City we have a multitude of assets. Auckland, Hamilton, Queenstown, Adelaide, Darwin casinos owned outright. Part interests in Christchurch and Dunedin Casinos and well over 100 cinema screens.

The company's Casinos in New Zealand are a virtual monopoly with no more likely to be built and the Darwin Casino likewise.

It is true enough that the assets are probably not performing as well as they could and the reasons for that are many and varied but they are exceptional assets when they are well managed.

I don't have much faith in the current board being able to efficiently identify company problems and act with speed and diligence to get the firm back on track. Last weeks debacle over the announcement of buyer interest in the group was another decision that was handled badly and reflects upon the board as such.

Monopolies such as Sky City Entertainment deserve a premium when sold and full control attracts a premium as well.

For this reason management must be urged to get a decent price for the company and not fall for the first attractive bidder with long eyelashes.

Simon Botherway from Brook Asset Management has 8 Million shares in SKC and he and his company has been active in holding out for more in buyouts of holdings that he has had in other company's.

Large institutions like his could press for more should there be a concrete offer made.

I'm hoping any low-ball bid by a potential suitor is going to make him and others very angry.

I will be.

Disc: I own SKC shares in the Share Investor Portfolio

Sky City Convention Centre @ Share Investor

Share Investor discusses Convention Centre proposal with CEO Nigel Morrison
Sky City Convention Centre Expansion a Money Loser: Part Two
Sky City Convention Centre Expansion a Money loser
SKC Convention Centre power-point slide illustrations & SKC submission to Auckland City Council

Sky City Entertainment Group @ Share Investor

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Morningstar Revalues Sky City Entertainment Group
Guest Post - Michele Hewitson Interview: Nigel Morrison
Failed Sky City bid for Christchurch Casino good news for Shareholders
Sky City Entertainment Group Ltd: Christchurch Casino bid falls short of Investment Criteria
Sky City Entertainment Group Ltd: Never mind the width feel the volume
Sky City Annual Meeting & 2011 - 2012 Profit Forecast
Stock of the Week: Sky City Entertainment Group Ltd
Sky City set to lose National Convention Centre bid
Sky City Entertainment Group: Australian Acquisition on the Cards?
Sky City Entertainment Group Ltd: 2010 Full Year Profit Analysis
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Share Investor discusses Convention Centre proposal with CEO Nigel Morrison
Share Investor Q & A: Sky City CEO, Nigel Morrison
Sky City Entertainment: CEO Nigel Morrison discusses 2010 HY
Sky City Convention Centre Expansion a Money Loser: Part Two
Sky City Convention Centre Expansion a Money loser
Sky City Entertainment Group Ltd: Download full Company analysis
Sky City 2010 full year profit looking good
Long Term View: Sky City Entertainment Group Ltd
Sky City Entertainment: CEO Nigel Morrison discusses 2010 Half Year
Sky City Entertainment Group 2010 Interim Profit Review
Sky City to focus on Gaming
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Sky City Profit Upgrade: Always on the Cards
Sky City's Current Cinema "Boom" a Horror Story in Disguise
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Sky City Entertainment 2009 Interim Result Preamble
2008 Sky City profit analysis
Sky City share offer confusing and unfair for smaller shareholders
Sky City Entertainment 2008 Full Year profit results , NZX release, 2008 full year presentation, result briefing webcast, financial statements
Sky City 2008 profit preamble
Sky City outlines a clear future plan
As recession bites Sky City bites back
Sky City Assets: Buy, sell and hold
Why did you buy that stock? [Sky City Entertainment]
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NZX Press release: Sky City profit to HY end Dec 2007
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New Broom set to sweep
Sky City Management: Blind, deaf and numb
Sky City sale could be off
Opposition to takeover
Premium for control
Sky City receives takeover bid
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Setting the record straight
Sky City CEO resigns
Sky City Casino: Under performing
Sky City Casino 2007 HY Profit(analysis)
Sky City Casino 2007 HY Profit

Discuss SKC @ Share Investor Forum
Download SKC Company Reports

Recommended Amazon Reading

The Intelligent Investor: The Definitive Book on Value Investing. A Book of Practical Counsel (Revised Edition) by Benjamin Graham
Buy new: $14.95 / Used from: $6.99
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c Share Investor 2008

Share Investor

Friday, February 11, 2011

Allan Hubbard Saga: Supporters Risk Legal Action

Friday, September 24, 2010

Allan Hubbard Saga: No Longer Bothered by Botherway

Wednesday, September 22, 2010

Allan Hubbard Saga: Supporters head to the exit door

Friday, June 25, 2010

Bothered by Simon Botherway

Wednesday, September 26, 2007

Sky City Entertainment Group Ltd: Premium for Control

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