The brother of a former prime minister has failed in a multimillion-dollar claim for a share of profits from an upmarket Queenstown subdivision.
The stoush between former Federated Farmers chief executive Conor English — brother of former prime minister Sir Bill English — and high-profile Arrowtown developer Wayne Foley has been in and out of the High Court since 2018.
It centres on land beside the Ladies Mile Highway that has been developed by Mr Foley and partners into the 26-lot Koko Ridge subdivision.
The dispute initially centred on whether Mr Foley tendered for the 9.4ha site on behalf of himself, Mr English or both men, but the parties reached a settlement in 2019 after mediation.
Mr Foley paid Mr English $200,000, and Koko Ridge was to give Mr English first option to buy one of the lots before they were offered to the public, as well as a $300,000 credit on the purchase price.
However, Mr English brought a new claim last year alleging the defendants breached the agreement by offering lots for sale without giving him the chance to exercise his option, by requiring him to choose a lot before he could challenge the price and by failing to take steps to name the subdivision’s main street Tom Coughlan Ave.
Tom Coughlan, a one-test All Black who died in 2017, is the father of Mr English’s wife, Jo Coughlan.
In the decision, Associate Judge Lester said the claim was "untenable", as Mr English had accepted the $200,000 and remained able to take up the option to buy a lot with a $300,000 credit.
"As that possibility remains, Mr English cannot at this time maintain he has lost the benefit of the settlement agreement he elected to affirm."
He struck out that part of the claim, but directed that Mr English file amended claims against Mr Foley in relation to an alleged breach of contract.
