Delta #EpicFail —Epic Fraud #2 : WWTKD – What Would Tom Kain Do ?

Received from Christchurch Driver [CD]
Sun, 26 Jun 2016 at 11:59 p.m.

Dear Readers

The What if? site has attracted a lot of (unwelcome) attention from higher echelons of the municipality, in recent weeks, both in relation to the #EpicFail posts and others, with intimations some posts are defamatory. (What, this correspondent ? genteel to a fault !). Of course all the while claiming there is no problem with criticism and opinion….. just as long as it’s not too accurate.

This does the valuable service of confirming that we are getting close to the source of some very sensitive and awkward matters, and we need to box clever to avoid the constrictive embrace of harassments, and box clever we shall indeed.

Accordingly, your correspondent has taken a long tea break, but is soon to be active once more as the legal case regarding the Noble Subdivision first mortgage starts soon. This will be better than a soap opera :

Will Captain Crombie steer the good ship Delta from the treacherous legal waters ? Has the boat taken on too much debt and is it listing irreparably ? Will the head office staff make a safe escape with the aid of a golden parachute ? (Mixing airplane and boat metaphors here !)

Stay tuned readers, same bat-time, same bat-channel, and your correspondent will attempt to make the complex digestible, and show where Delta fits in all this.

Meanwhile readers, first some revision : cast your minds back to the Delta #EpicFraud post where your correspondent suggested that Delta were about to have an action brought against them for constructive fraud. It is your correspondent’s experience that Dunedin lawyers are notorious gossips (they make tea break at a primary school staffroom look like a sombre diplomatic forum).

Someone, who knows someone, who knows a person has confirmed that a letter was received by a Dunedin law firm in recent times, say… Friday April 1 2016, accusing Delta of constructive fraud under the Land Transfer Act and asking the firm if they were authorised to accept legal papers in relation to an action against them. Well, Gentlemen of Delta, I bet the Minties and Favourites got a thrashing, upon learning THAT ….now, on June 13 2016, the plaintiffs have formally made application to the High Court that Delta be joined to the action as a party to the alleged constructive fraud.

Alert readers of the #EpicFraud post will remember mention of the security sharing agreement for Delta, the “dictatorship” that would attempt to defeat the prior interests who had caveats, and how it is alleged that this was a form of constructive fraud. We can imagine there was a lot of rattling saucers, and a whole lot of Bell’s best consumed right now by its scribes… a local Dunedin law firm we dare not name. Writing unenforceable documents tends to give clients a good reason to blame the authors of such documents for difficulties, generate complaints to legal disciplinary forums, and claim damages and costs against a law firm.

This is the point of tonight’s teaser post….

This correspondent thinks that perhaps Delta have watched and learned from the dismal Noble Investments Ltd (NIL), and they have come up with a fiendishly cunning plan A and plan B. Plan A : Get an eager law firm to write an unenforceable document. If it works, great. If it doesn’t work, Plan B is to blame the law firm, apologise profusely to the offended parties and then sue the stuffing out of the law firm ! After all, it is a comprehensively feeble excuse for any law firm to say “But you told us to write it !”. Delta would then climb on their soapbox and say “We would NEVER do anything illegal, and if it was, why didn’t you advise us ?!”. Brilliant ! That is a static clothesline playbook right out of the Tom Kain archives !! A plan so cunning you could pin a tail on it and call it a weasel !! (with apologies to Blackadder)

But readers, we must confine ourselves to the facts, not indulge in lateral speculations that may injure the feelings of parties.

So, Gentlemen of Delta, can we please have the facts ?

Your correspondent thinks this is the last station on the line for the Delta Gentlemen to have a semi-controlled exit from the Delta / Noble runaway trainwreck, with credibility intact, by giving Dunedin the full account of what, why and how, before the impending court action does it for you. It’s not your money, it’s ours, and if Delta is now facing an action for constructive fraud; on top of losing many millions (acknowledged in MSM by those authorised to speak); someone – we say, the Auditor-General – will look closely at who was responsible. Who might that be ? Some clues : Who was heading up Delta when this deal was inked in 2009 ? Who has allowed this deal to become a toxic malignant cancer for seven long years ? How on earth did Delta (it appears) come to be facing an action for constructive fraud ? If there is any truth to these allegations, then who is to be held accountable ?

In a previous post, we suggested a legal opinion be obtained on Delta’s culpability, from someone far from Dunedin. More than ever, that needs to happen. Are there local politicians who can find some intestinal fortitude to assist on this compounding mess in election year ?

And readers, let’s keep a weather eye on complaints to the New Zealand law society over the next 6-12 months…..

█ For more, enter the terms *delta* or *noble* in the search box at right.

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Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

*Image: twitter.com – derailment, tweaked by whatifdunedin after reading the Delta SOI 2016/17