Thursday, December 20, 2007

Commerce Commission impacts on The Warehouse' bottom line

The future of The Warehouse Group [WHS.NZ] is on hold, after the Commerce Commission announced earlier this week that they are going to appeal the High Court decision to the Court of Appeal to allow Foodstuffs and Woolworths Australia [WOW.ASX] bidding for the retailer.

Unless the Commission can argue new evidence in the higher court or argue on a technicality on a point of law then their appeal is not likely to be a positive one for them.

The Commission also face the distinct possibility that their appeal maybe thrown out before it begins at a preliminary hearing, due to sit on January 29 to decide whether leave to appeal will be granted.

Warehouse management have publicly backed the two bidders so it shows the direction the company wants to go.

The Commerce Commission clearly see the High Court decision to allow the two Warehouse suitors to bid as a watershed decision that must be fought with all their state backed muscle.

Personally, like most state apparatus and workers within those apparatus, there is a little bit of self preservation involved. In the Commission's decision to appeal we have a little job justification going on and any brakes on the growth of a business like The Warehouse, while they have to wait, and they have waited for over a year because of the CC dilly dallying, is purely incidental to those at the Commission.

It is outrageous that the state can take such a lengthy time to make such an important decision over the property rights of Warehouse shareholders. While it is understandable that there will be competition issues in business from time to time and these should be arbitrated, it is even more serious an issue when arbitration of these issues materially affects an important business because of unnecessary delays, not to mention the negative impacts to those individuals and groups who own that business.

The Commerce Commission should take the lay of the land and come to the conclusion that much wiser heads at the High Court did, that the Warehouse and its current owners need to be able to freely sell an asset that is theirs, to two willing buyers that want it.

The millions of dollars that it has cost The Warehouse so far since their business has been on hold is a serious issue and the strangle that the Commission has on its business at present must be let go so the losses don't continue to mount.



Disclosure: I own WHS shares



The Warehouse Group @ Share Investor

Long vs Short: The Warehouse Group
Warehouse bidders ready to lay money down
The Warehouse set to cut lose "extra" impediment
The Warehouse sale could hinge on "Extra" decision
The case for The Warehouse without a buyer
Foodstuffs take their foot off the gas
Woolworths seek leave to appeal to Supreme Court
Warehouse appeal decision imminent
Warehouse decision a loser for all
Warehouse Court of appeal decision in Commerce Commission's favour
MARKETWATCH: The Warehouse
The Warehouse takeover saga continues
Why did you buy that stock? [The Warehouse]
History of Warehouse takeover players suggest a long winding road
Court of Appeal delays Warehouse bid
The Warehouse set for turbulent 2008
The Warehouse Court of Appeal case lay in "Extras" hands
WHS Court of Appeal case could be dismissed next week
Commerce Commission impacts on the Warehouse bottom line
The Warehouse in play
Outcomes of Commerce Commission decision
The fight for control begins soon

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Wednesday, December 19, 2007

New broom at Sky City set to sweep

A new boss at Sky City Entertainment Group Ltd [SKC.NZ] brings a whole new broom to the company closet, a CEO with a long history of casino experience.

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Nigel Morrison

Nigel Morrison has more than 18 years' experience in the casino business throughout Australia and in Asia and his tenure at the New Zealand entertainment company is a welcome relief from the current temporary head, Elmar Toime, with no gaming experience, and the previous one, Evan Davies, who got his casino experience on the job when he started with the company right at the beginning.

Morrison's pedigree, having just left the Macau-based Galaxy Entertainment Group, former chief executive of the Federal Group, Australia's largest private casino and gaming company and as chief operating officer at Crown Limited where Morrison played a big role in restructuring the business.

It is that experience, "restructuring" the likes of Crowns' massive riverside Melbourne gambling mecca, that will come in handy with his new role as the head of Sky City.

Sky City's business units all need a good sorting out, they are over-laden with middle management and there is plenty of fat to trim and Morrison's appointment looks to be one of managements best decisions in some time. Morrison's reputation for sorting out Crown can be seen as an indication of the direction that Sky City will be going over the short to medium term.

http://www.luxurydownunder.com.au/images/hotels/DRWSKY1_bg.jpg
Part of Sky City Darwin Casino, one of the better performing
casinos in the gaming group.


Adelaide Casino needs a close look and will be kept and "refocused", as does the Auckland flagship casino, Sky Citys' chief money spinner. Previously the company talked of selling the Adelaide Casino.

Sky City Cinemas are definitely for the chop and management have been remiss of late in informing shareholders as to a date when the cinemas will be sold, or if there is indeed a buyer.

The whole takeover process over the last 4 months has been complicated and disclosure to shareholders has been confusing, changeable and misleading at times.

It looks like the the promise of a takeover has come to an end and it is time to get down to the real business and Morrison must achieve the objective of rebuilding the company to its former glory.

Morrison's $NZ3.7 million remuneration package, with around a third made up of "bonus" shares and lets hope it is results based, is generous, and he should be given 12 months to see things materially start to change, if he makes the right decisions to begin with, and then we should judge his leadership.

For Sky City shareholders lets hope he does the business.

He takes up the reigns in March 2008.


Disclosure
: I own SKC shares in the Share Investor Portfolio


Sky City @ Share Investor

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Sky City Convention Centre Expansion a Money Loser: Part Two
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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
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Sky City Entertainment 2008 Full Year profit results , NZX release, 2008 full year presentation, result briefing webcast, financial statements
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Sky City half year exceptional on cost cutting
NZX Press release: Sky City profit to HY end Dec 2007
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Sky City Casino 2007 HY Profit(analysis)
Sky City Casino 2007 HY Profit

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c Share Investor 2007



Tuesday, December 18, 2007

Electoral Finance Act: The Vote

The Electoral Finance Bill was passed into law today with a 63 to 57 vote majority.

Peter Dunne and his party, United Future, withdrew their support for the bill at the last minute and two votes were lost. Dunne said he still believed in the bill but public support indicated he should drop his stance of support for the Act.

He is probably to be despised even more than the other 63 supporters of this Act because he supports suppression of free speech but hasn't got the balls to follow his convictions because he is trying to save his hide for 2008.

Amended list of MPs who voted for the Electoral Finance Act

Herald's take on today's vote


C Political Animal 2007

Historical day as New Zealand loses democratic freedom

The Electoral Finance Bill was passed at approximately 5.15pm Tuesday 18, 2007.

Never before in my 42 years of existence have I ever seen such an anti democratic and unbridled attempt to hold on to the reigns of power, aside states such as Mugabe's Zimbabwe, Putin's Russia, Stalin’s Russia, Mao's China, Mbeke's South Africa and Hitler’s Germany.

We have seen the death of free speech today, unless you are the Labour Government and you can purchase it with taxpayer’s money by trumpeting your “achievements” through state agencies.

In a democratic society you have to be allowed to speak your mind without fear and that means the freedom to critique or advocate for a government or opposition. The Electoral Finance Act means you can’t do that.

In fact in a free democracy it means that even if you disagree with what I or someone lease says you have to defend my right to have that view even if it pisses you off.

That essential part of our democracy is now missing and we now must vote to remove those freedom haters who removed our rights today to have our say.


C Political Animal 2007