Investor’s Perspective on Mr Greg White | The Jackal

2 May 2012

Investor’s Perspective on Mr Greg White

Guest post by Isabel Hutchinson:

An Open Group Cash Investor’s Perspective on Mr Greg White

I am Isabel Hutchinson, a retired NZ Registered Nurse. In 2002 I invested some of my family’s cash in Open Group Limited (‘OG’). In 2005-2007 OG invested in My Virtual Home International Ltd (‘MVHI’). Around February 2009 I attended a MVHI shareholder meeting.

There I met Gregory Lloyd White, then the CEO of Ngati Tama Custodian Trustee Ltd (NTCT). Then I also met some of Greg White’s professional allies. I was shocked by what I heard and observed. By April 2009 I had decided to try to assist OG in what had become a siege against it by Greg White and his team.

Around September 2010 I became a co-director of OG at a time when OG was still under severe commercial and legal attack by Greg White and his allies. At the request of the MVHI receiver (appointed by OG) I also took on a director role in MVHI in 2010 after that company had been destroyed by Greg White and his team of 14 professional firms and by its prior directorate.

I would describe Greg White and his team of lawyers, barristers, accountants, receivers, consultants and aligned directors as corporate assassins.

Since 2009 I have read thousands of pages of documents which detail the corporate war and corporate genocide which was begun by Greg White around July/August 2008. I try to summarise facts and my perspective of these matters. I have asked and had David W Phillips check all purported facts I have included herein. Where he has firsthand experience of facts, he attests to the accuracy thereof and states written documents are available to support facts stated. All opinions expressed herein are mine alone.

1   MVHI was born around July 2005. It became the parent of an Australian computer software titled Creative Designer Software Pty Ltd (‘CDS’). CDS had been birthed around 2002 by a group of Australians, after the inspiration for the concept came from CDS director Jill Rogers.  By end 2005 the Australian Government had invested around AUD 2.5 million in CDS.

2.  In 2006, via their corporate trust, NTCT had invested AUD 3.5 million in MVHI and around October 2007 they invested a further AUD 1 million in OG (not $1.9 as some media incorrectly reported). The AUD 1 million in OG had, by Greg White direction, been applied by OG to MVHI and CDS. It did not get invested in any OG property assets. In 2007 OG took a first debenture over MVHI by agreement of all parties/directors/shareholders.  By end June 2008 NTCT invested another AUD 300,000 in MVHI, bringing their combined MVHI investment to AUD 3.8 million.

Today some media claim NTCT has lost $12 million in MVH. The AUD 3.8 million in 2008 converted to around NZD 5 million back then. Where has the other NZD 7 million gone which the media attribute to MVH? Has Greg White retained some of this himself or is some still with his Homesoft MVH company  lookalike in Australia, or with his MVH ally Windale Tate in USA, or did he gamble it all in CDS or in something else. Whatever the CDS  investment quantum  by NTCT after August 2008, it then HAD NOTHING TO DO WITH OG or David W Philips. By June 2009 the MVHI company had been placed under receivership by OG, and the records made available by NTCT allies and MVHI directors to the MVHI receiver were extremely limited in scope and detail. MVHI does not show evidence of much more investment by NTCT, other than the funding of some professional firms, who used their fees to hurt their MVHI client.

3.     Around 10 September 2007 Greg White had agreed by letter exchange that he and NTCT would never do anything detrimental to MVHI’s first debenture over CDS, nor would they hurt OG and OG’s overall position in MVHI. Greg White swore an affidavit in 2010 that that 10 September letter exchange was the true agreement at that time.

4.     By July 2008 other investors had applied about AUD 20 million to MVHI and CDS. NTCT and Greg White held 11% of MVHI and 9% of OG. Greg White paid 25 cents per share for his own 1% of MVHI shares (which he bought via his Aratika Trust).  NTCT paid 30 cents per share for their 10% of MVHI shares. All cash investors in MVHI in mid 2005-mid 2008 accepted an entry price of AUD 30 cents a MVHI share. David W Phillips invested around AUD 450,000 of his own cash into MVHI shares at 30 cents a share. All parties signed a deed accepting the investment in both MVHI and OG shares were speculative and that each investor had received independent advice. NTCT advisors included New Plymouth legal firm Govett Quilliam.

5.     By July 2008 Greg White had signed a contract with OG and others to fund a further AUD 1 million for MVHI/CDS. In 2009 Greg White and his counsel Nic Scott of Kensington Swan each dishonestly denied at an OG shareholder meeting (recorded in OG minutes) that such contract had ever been signed. When a signed copy was recovered Greg White then changed his story and said he had signed it in his own name and not on behalf of NTCT, despite the contract recording his signature representing NTCT, as NTCT’s CEO.

NTCT then breached this July 2008 contract to fund OG/MVHI/CDS in the manner contracted. Then Greg White used that action of breach to cause MVHI insolvency, then he used that self-caused insolvency to later liquidate MVHI. In a sworn affidavit supporting the MVHI liquidation Greg White perjured himself (now proved by email discovery). Greg White then tried to acquire all MVH assets for himself and/or for NTCT.

6.     Did Greg White stop funding MVHI/CDS during this time period whilst he breached the signed MVHI-OG July 2008 funding contract?

No, he did not, but our side has no idea how much he later invested/wasted. Instead Greg White funded CDS direct. Then with the help of his New Plymouth counsel Paul Anderson of Govett Quilliam, Greg White enticed Rod Martin (then director of MVHI/CDS) and Paul Condon (by then the Greg White-approved CEO of MVHI and CDS), to create a new debenture in favour of NTCT over CDS, and for NTCT to be given priority over the MVHI first debenture over CDS. This breached the September 2007 agreement referred to in clause 3 above. MVHI had prior applied on a secured basis about $10 million to CDS. By way of this new December 2008 CDS granted priority debenture to NTCT, MVHI’s value and the value to over 1000 beneficial MVHI shareholders was terminated. Before NTCT could secure the December 2008 new priority debenture, they had to contrive to have Rod Martin sack David W Phillips, as in June 2008 all MVHI shareholders (including NTCT) had resolved all such MVHI and CDS security decisions were to be made by David W Phillips until November 2009. The efforts to sack David W Phillips and to try to make it sound legitimate involved intrigue, deception, secrecy, defamation, theft and lies by those supporting the NTCT team. It also involved breaches by them of the MVHI constitution and the NZ Companies Act, and later the NZ Securities Act.

7.   Did this new security over CDS get granted by MVHI lawyer and/or MVHI shareholder consent?

No. Around 15 September 2008 (after over 5% of MVHI shareholders had asked for a shareholder’s meeting) Greg White wrote to Rod Martin (by then the only MVHI director) saying he should not call any shareholders’ meeting of MVHI until they had hatched their secret NTCT plans (which became a new secret priority debenture over CDS).

Was the only secured lender to MVHI asked to agree to a change of security priority? No. OG’s value in its GSA over MVHI was instead destroyed by Rod Martin’s, Greg White’s, and  Paul Anderson’s secret actions to secure a new priority debenture in NTCT favour on 24 December 2008. Other professionals who assisted NTCT in this secret destruction of MVHI ( and OG’s value in MVHI) included Steve Rutherford of lawyers Rogers & Rutherford, although later Mr Rutherford wrote saying as MVHI’s solicitor that he did not support the 24 December 2008 new NTCT debenture action (his letters and emails  are available).

8.     From July 2008 to March 2011 Greg White employed around 14 professional firms to assist his secret plans to destroy MVHI and CDS, and to try to destroy OG.

These included 7 separate legal firms. From August 2008 Ngati Tama iwi funds paid for all  these professional firms and for all MVHI and CDS directors and executives which Greg White had by then swayed to his ’side’. Sadly Greg White did not ensure there was among his wide group of purported experts, any one person capable of internationalising the MVH software. He employed either incompetents who acted slave-like to his direction, or professionals who sought any client regardless of their ethics of commercial morality as long as their fees were guaranteed by a cashed up iwi.

My estimate is that well over $1 million of Ngati Tama iwi funds (probably closer to $2 million) were wasted on such professional persons/firms. Why are these firms and directors/executives not accountable to MVHI and OG shareholders and to the wider Ngati Tama iwi members? Accountability is a factor David W Phillips seeks to address in his substantive claims still to be heard in the High Court.

These firms/persons included:


8.1.         Kensington Swan (Nic Scott, Dan Hughes, Tyrone Cooley,  Katrina Van Houtte) solicitors and barristers to NTCT and Greg White from early 2009 to around April 2012. Kensington Swan has led the commercial attacks/liquidations since early 2009. Nic Scott also attended OG and MVHI shareholder meetings and he chaired a MVHI shareholder meeting in late 2009.

8.2.         Rogers & Rutherford (Steve Rutherford), solicitor to MVHI and CDS from September 2008 to February 2009, but paid by Ngati Tama funds. Direction to this legal firm came from a consortium of Greg White, Rod Martin, Grant Cleary, Rob Rogers and Paul Anderson of Govett Quilliam, all being persons opposed to the MVHI shareholder majority.

8.3.         Dawson Harford (Graham Harford and at least 5 other solicitors of this firm), solicitors to MVHI from February 2009 to June 2009. They secretly acted for Greg White and NTCT and required and obtained a written guarantee to their fee charges to MVHI from each of Greg White, Greg Lane and Paul Condon. Dawson Harford were paid around $70,000 by NTCT, some paid to them secretly by Ngati Tama monies being channeled to them via a Kensington Swan trust or nominee account. They knew Greg White was opposed to the interests of the majority of MVHI shareholders and to OG as the 2007 MVHI secured party. They claim no one told them when they began acting for MVHI about the new December 2008 NTCT debenture over CDS.

8.4.         Govett Quillam (Paul Anderson). Solicitors to NTCT and to Greg White from at least 2005 onwards. They also advised MVHI director Rod Martin about the new CDS debenture in favour of NTCT.

8.5.         Barrister John Moody, QC (barrister to Greg White and NTCT and Rod Martin in 2008). Paid with Ngati Tama funds.  John Moody was party to an unlawful statutory demand against MVHI, sent to MVHI on behalf of him by Rogers & Rutherford for his fees incurred by Rod Martin and Greg White. He and Rogers & Rutherford each knew that MVHI was not a client of John Moody, and that such false $ claim against MVHI for John Moody’s fees was a crime.

8.6.         Red Chip Lawyers. Brisbane solicitors and barristers (Darrell Kake acting as barrister) to NTCT in 2009-2010 and also in serious conflict this same firm acted in 2010 for CDS and for/to the NTCT-sourced CDS liquidator named in clause 8.11 herein.

8.7.         Truman Hoyle, Sydney solicitors acting for NTCT, being a firm who were introduced to Greg White by Paul Condon (the latter then CEO of MVHI and CDS by decision of Greg White and Rod Martin). Following a meeting in Sydney between partners in this firm and Messrs White, Condon and Lane, this firm drafted the new December 2008 debenture over CDS and the forgiving of the MVHI priority in favour of NTCT. This firm communicated with NZ firm Govett Quillam in respect to these legal matters. No legal firm acted on MVHI’s behalf when these new securities were concluded!  Rogers & Rutherford, who were then the 2008 MVHI solicitors, have indicated in a subsequent letter that they did not advise on nor support these new securities in the month they were executed by Rod Martin on behalf of both CDS and MVHI. The written 2008 record shows it was NTCT’s lawyers Govett Quillam (Paul Anderson) who sent the new security documents to Rod Martin with instructions on how to sign them as a MVHI director! This one action destroyed all value in MVHI, the moment these new security documents were signed.

8.8.         PKF Australia Limited (ACN 83 236 985), Brisbane Office, Australia who valued MVH assets (via partner Brett Plant) at a terminal fair market value of around AUD 39 million (about NZD 50 million) on 19 May 2009, and sent that valuation to Kensington Swan and to NTCT, but not to MVHI nor to OG. PKF Brisbane became later in 2009 the receiver of CDS at NTCT behest. Both Kensington Swan and NTCT kept this May 2009 value secret from MVHI shareholders and from the MVHI secured debt holder (OG) and from the June 2009 OG appointed MVHI receiver. When Nic Scott of Kensington Swan later in 2009 chaired a MVHI shareholders’ meeting, he still hid this May 2009 MVH valuation (which was addressed to Kensington Swan) from all MVHI shareholders and the MVHI debt holder (OG).

8.9.         PKF Auckland, NZ, advisors to NTCT and Kensington Swan in NZ. PKF Auckland shared the same office and reception in Auckland as MVHI (but then NTCT controlled 2009 lawyers) Dawson Harford & Partners.  Greg White/Kensington Swan asked the Court that this firm PKF Auckland become liquidators of MVHI in 2010. The Court instead appointed in 2010 on NTCT’s petition, Korda Mentha as liquidators of MVHI.


8.10.      Morton’s Solvency Accountants, Brisbane. Principal Gavin Morton created this firm, with CDS as his first primary client. Gavin Morton had just left his prior partnership in PKF Brisbane (see clause 8.8 herein). Mr Morton as a partner in PKF Brisbane was the first receiver to CDS at NTCT’s behest in 2010, then Gavin Morton continued after he left PKF Brisbane under the name of his newly created insolvency firm. The record shows Gavin Morton lied about aspects relating to this CDS receivership in his written reports and/or affidavits.

While with PKF Gavin Morton had been a party to the PKF Brisbane terminal fair market  valuation of the MVH business in May 2010 at around AUD 30million (around NZD 50 million) , then Gavin Morton around April 2010 purported to sell (despite CDS assets still being secured to MVHI)  via a jacked up auction ( where the co-bidder was also a colleague of Greg White, named  Murray Pope,  and later this same co-bidder for CDS assets coincidentally became an employee/executive of Greg White’s then secret new company Homesoft) the same MVH business  via CDS, to NTCT’s new Australian corporate nominee Homesoft for around AUD 1.6 million. Later Homesoft cancelled this sale when the conspirators hatched a new idea to acquire the same ex CDS–MVH assets even cheaper.

8.11.      McLeod & Partners Brisbane, Principal Jon P McLeod, administrator and then liquidator of CDS, appointed and paid for by Greg White/NTCT. This liquidator then around July 2010 purported to re-sell the CDS assets to the Homesoft nominee of Greg White (but by then another different corporate entity, but with the similar Homesoft name) not for the CDS receivers 2010 auction price of AUD 1.6 million, nor for the PKF Brisbane May 2009 fair market value of around AUD 39 million, but for around AUD 150,000. When this liquidator’s action was put before the Brisbane courts, and once OG opposed such jacked up conflicted and insider sale before the Brisbane courts, then after the first hearing in court the CDS liquidators and his and NTCT’s same Brisbane solicitors-barristers (refer to clause 8.6 herein) the CDS liquidator withdrew the court action and cancelled the CDS sale to Homesoft. Instead NTCT and its allies hatched a new scheme, by them appointing and paying the new Brisbane professional accountancy firm named in clause 8.12 herein.

8.12.      Hall Chadwick Accountants Brisbane (B Vaughan), appointed by Greg White to CDS - to become the NTCT channel to sell as mortgagee in possession, all CDS assets to NTCT’s Brisbane-based Homesoft Group, this time not for the CDS receiver’s 2010 auction price of AUD 1.6 million, nor for the PKF Brisbane May 2009 fair market value of around AUD 39 million, but for about AUD $150,000. This sale was effected around early September 2010, just prior to the same date NTCT was having heard (with the expert support of Kensington Swan) their NZ application to liquidate MVHI.

8.13.      Cleary Wealth Management Ltd (‘CWM’ Coy no 1950493)) (Principal Grant Cleary) is an investment manager of client cash. CWM and Grant Cleary each became paid consultants to both MVHI and opposing force NTCT, from around August 2008 to July 2009. A letter in 2008 from Grant Cleary to Greg White records the CWM conflicted dual roles. Later Grant Cleary wrote to the MVHI receiver denying he/his firm had ever invoiced MVHI – that written denial by Grant Cleary is proven to be untrue due to discovery of emails which confirm that dishonesty of Grant Cleary.

Grant Cleary was a 35 year + colleague-friend of Rod Martin, the latter being the then sole director of MVHI and CDS. CWM was itself subjected to liquidation applications around this same time period, despite its web site stating it then managed client funds of around $100 million. Whatever cash funds CWM and Grant Cleary managed for Ngati Tama, it lost them all. Whatever cash NTCT invested in MVH-CDS after August 2008, CWM should be at least in part accountable and responsible.

8.14.      NZiF Advisory Services Ltd (‘NZiF’ – CEO and main owner Rob Rogers). Paid consultant to both MVHI and NTCT from September 2008 to June 2009. NZiF pretended it was an experienced consultancy group, but it was a new company with no history in consulting. It was a sham and a draft NZiF-MVHI contract show it was at some stage intended as a way to siphon off extra reward of 5% of MVHI shares and about $40,000 per month to each of Grant Cleary and some of his friends, such as Rod Martin, the then MVHI director). NZiF has since been struck off, but not before MVHI and/or NTCT paid over $50,000 to it. Maybe NTCT records show this entity was paid a lot more. If so who were the end beneficiaries? Only the ASB bank account of NZiF would reveal the true beneficiaries.

It’s likely that the legal firm Dawson Harford (see clause 8.3 herein) was involved with this sham NZiF-MVHI consultancy arrangement, as Dawson Harford were also legal advisors to CWM and/or Grant Cleary in 2008, prior to their appointment as solicitors in early February 2009 to MVHI. It was Grant Cleary who secured MVHI as a client for Dawson Harford, when he arranged a meeting with Greg White and other allies with Graham Harford in early 2009.
AND MVHI and CDS Directors and CEO and other senior executives

8.15.      MVHI: July 2005 to August 2008 - Ms Hermione Olsen
     April 2008 to February 2009 - Mr Rod Martin
     June 2008 to July 2008 – Mr Greg Lane
     February 2009 to late 2010 – Mr Paul Condon
     February 2009 to late 2009 – Ms Hermione Olsen

Ms Olsen met secretly with Greg White in New Plymouth in late July/early August 2008. Soon thereafter she created MVHI director agreements, without a board meeting and in doing so she falsified dates to advantage NTCT, and in doing so she swapped sides to support Greg White. She then left the MVHI board during the time of the NTCT takeover of control of MVHI, to come back on the MVHI board by Greg White’s decision and with Dawson Harford support in February 2009. Her new MVHI director appointment was totally opposed by the MVHI shareholder majority of February 2009, and each of Greg White and Dawson Harford knew this, but they had Rod Martin re-appoint her at a time just before he was voted off the MVHI Board and the MVHI shareholders were meeting to consider the structure of the MVHI board. Democracy was not permitted by Greg White to prevail.

8.16.      CDS:  2007 on -Rod Martin.
Of note is that Rod Martin was employed by international USA group URS during 2007 to February 2009. It seems from URS document discovery that the only work Rod Martin completed while in URS offices was work related to MVHI and CDS. Thereby URS lawyers (Nic Scampion of Wilson Harle) have also been involved in this MVH-Greg White-Rod Martin debacle. Disputes between OG and URS were settled in late 2011.

8.17      Homesoft Group Brisbane Australia (MVH Brisbane lookalike, established in relative secrecy by NTCT in 2010): Homesoft Group Pty Ltd (previously titled Brisbane Software Group Pty Ltd ACN 144 664 737)

Kylie Burton (daughter of MVHI shareholders Warren and Mary Burton) Director and sham owner front for Greg White’s interests in Homesoft.

Murray Pope , Homesoft CEO and co-bidder for CDS assets against NTCT,

Other senior Homesoft 2010 staff included:
Paul Condon (ex MVHI and CDS and MVH Aust)
Greg Lane (ex CDS and arrested in 2009 for statutory rape and jailed in 2010 for that crime).

Geoff Crook, Prior Panasonic Australia senior executive who rated highly MVH
software, and who considered it could become one day as big a Google. 
Windale Tate, USA ‘expert’ employed by Greg White in Homesoft and paid by
NTCT monies. I am aware that Windale Tate wrote to Greg White in December 2011 seeking a license for USA of MVH software.  Mr Tate had earlier threatened legal action against Greg White, NTCT and Homesoft (Mr Tate also sent a copy of his allegations to me), including allegations related to dishonesty and unethical business behavior by Homesoft and Greg White.

9.     From August 2008 NTCT funded all the above 14 firms and the additional MVHI and CDS and Homesoft Group directors and executive. Each reported in effect to one man, Greg White, and Greg White then orchestrated the gradual downfall of the MVH business; despite by end 2008 MVHI having been readied by David W Phillips and OG to be internationalised for the benefit of all MVHI shareholders and debt holders.

Not only did Greg White not employ the right staff and advisors to support the MVH internationalisation (after Greg White’s non democratic takeover of MVH assets) , but he in a dastardly manner stopped all income opportunity until after September 2010, the latter being the date by when he had contrived to own it all himself. But even though Greg White may consider himself a top level commercial war strategist, he showed he is dimwitted in the software business. He did not appreciate that software has a limited life, and his forced delays to the income offered to MVHI in 2008-early 2010 has caused inestimable damages to all parties invested therein.

Greg White also totally failed to appreciate the need by MVHI of the commercial and mind talents and experience of David W Phillips. Instead Greg White contrived to shut David W Phillips out of MVHI and CDS in August 2008, and thereby he cut off one of MVHI’s main intellectual assets.

In addition Greg White, through his ignorance or plans for chaos, channeled Ngati Tama monies to CDS for use by arrested Greg Lane in a reckless and un-managed and unaccountable manner, adding to the losses his iwi has suffered. Greg Lane pre August 2008 had had to report near 3 times a week to MVHI, but all such report dissolved under Greg White’s forced takeover of the MVH business. Instead Greg White used his iwi monies to pay /fund Greg Lane during the latter’s intense efforts to try to have his arrest and case not heard, and when Greg Lane failed in his defences he was sent to jail. Soon thereafter Homesoft activities in Australia seemed to become frozen. Paul Condon, although a nominal CEO of MVHI and CDS when each were under Greg White’s control, was a long  standing friend of Greg Lane, and was subordinate to Greg Lane’s word in CDS and MVH matters.

10.  What possible motivation was there for Greg White and his posse of professionals and directors to act so carelessly, recklessly, destructively and without remorse to all other shareholders in MVHI and OG and against the MVHI secured debt holder (OG)?

 Let me briefly encapsulate probable greed motive arising from my research.

11.  2006-2008 MVH software had been market tested in Australia, UK, France, Spain and Russia, with software sales over NZD 2 million, but the main aim of these sales was to test the software side of the project and get consumer feedback.

June 2008 – MVHI-CDS brainstorming session in Brisbane where over several days Greg White was invited and had confidentially explained to him the potential world application for MVHI-CDS and its income potential. Out of this arose the document (copyrighted to MVHI) titled ‘Potential Income Streams’. This document in June 2008 at Greg White’s request went to all NTCT directors.

June 2008 – At the same Brisbane brainstorming session Geoff Crook (then senior executive of Panasonic Aust.) was guest speaker. As recorded in written notes taken at the time, Mr Crook described MVH as a “potential gold mine”. Later Greg White employed Geoff Crook in NTCT’s newly formed Homesoft Group (an Australian  MVHI lookalike company/group) owned by NTCT, but fronted for them by Ms Kylie Burton (refer to clause 8.17 above) . 
July 2008 – NTCT had contracted to fund MVHI from mid-2008 to its world launch in early 2009, by way of AUD 1 mill new cash to go via OG to MVHI. Refer to my clause 5 above.  Later NTCT breached this contract, but never formally rescinded it. They then schemed to fund MVHI/CDS in another manner, where they could use a newly acquired debenture over CDS to acquire CDS assets by way of its NTCT forced closure. NTCT’s new debenture over CDS was dated 24 December 2008 but not registered until later in January 2009. NTCT appointed a receiver to CDS in June 2009.

July 2008 – Via David W Phillips’ and OG efforts, MVHI secured final approvals for MVH-China to be established in China, with verbal detailed agreements secured after 10 months of negotiations between representatives of the Chinese Government and the Chinese Real Estate Chamber of Commerce (CRECC). The Chinese leader told Greg White in July 2008 this venture would soon grow to USD 1 billion in value in China. All the Chinese manufacturers of note were to join a MVHI Chinese wide network platform.

August 2008 – David W Phillips secured contracts to sell MVH software on a nationwide USA Television Network via info-commercials, the TV air time to be provided on a profit share basis by that television network. That USA television network had a regular 20 million viewers, from an available audience of over 100 million people. It was estimated this could bring into MVHI in new sales cash about NZD 4 million per annum.

August-September 2008. David W Phillips returned to China for a full week of final pre contract talks, to secure detailed line by line agreement to the formal written draft contracts for MVH-China.  This was successfully achieved.  The president of CRECC advised David W Phillips in person that MVH would be the only software supported by that Chinese business body. Also secured was an agreement for around 40 top Chinese business people to travel to NZ/Australia in early 2009 under the CRECC banner, some being billionaires who sought to invest in the MVH project. Also secured was MVH software participation in a UN world-wide competition for the best home related software.

David W Phillips returned to China in January 2010, and he determined that the MVH-China deal was still available to MVHI with not one dollar of new cash required from NTCT or MVHI. The Chinese signed a Heads of Agreement with Mr Phillips on this 2010 trip, but Greg White refused to allow this potential huge deal to progress, as his side did not then own all of the MVH project. NTCT never got to own all of the MVH project, as MVHI held uncontested the main copyright property ownership to all worldwide MVH business and licensing systems, subsequently this copyright being acquired by OG via its debenture over MVHI.

October 2008. Canadians sought to buy license for MVH software in Canada. Later up-front $ cost of Canadian license payable to MVHI agreed to be AUD 1.5 million, plus share of Canadian income.

August 2008 Greg White in secret obtained an alignment to him and NTCT of MVHI and OG key persons: namely Rod Martin, Hermione Olsen, Paul Condon and Greg Lane. They then planned and schemed by end August 2008 (with the help of Paul Anderson of Govett Quilliam and Grant Cleary of CWM) to sack David W Phillips from his lawfully contracted MVHI and CDS consulting roles and to terminate all OG lawful contracted roles with MVHI. MVHI solicitor Steve Rutherford (his 2008 written advices to Greg White and others are discovered and available) said David W Phillips contracts to November 2009 were binding unless they could prove breach by David W Phillips. Greg White wrote emails seeking help to create alleged breaches. They jointly decided that even if David W Phillips had not breached anything and if he had funds to sue them for their actions to breach his binding contracts with MVHI, then they would stop Mr Phillips by way of security of costs applications in Court. They then breached all contracts then in place which protected David W Phillips and OG, and which also protected the MVHI shareholder majority. They then via Rod Martin and  H Olsen began a defamatory campaign against David W Phillips. They stole his white laptop and Rod Martin offered to show any person still aligned to David W Phillips any of 10,000 pages of David W Phillips’ personal emails, including private ones to his woman companion. Ms Olsen re-entered unlawfully OG premises to take unlawfully OG and Mr Phillips’ documents, after she had left all work roles with OG. Her own discovered emails to Greg White admit to her immoral/illegal behaviour. Despite the attacks and defamation originated by Greg White and his allies, Rod Martin and Hermione Olsen (as indicated by discovered emails), 81% of OG shareholders continued (to 2012) to support David W Phillips. I am not alone in my support of Mr Phillips.

12.  Greg White in last half 2008 required that all progress on MVHI initiatives in USA and China be stopped. In this manner he ensured no last half 2008 or any 2009 income to MVHI. He also ensured no one else would invest in MVHI shares. He stopped the visit of the Chinese business people to NZ/Australia. He and Ms Olsen each ensured the MVH entry in the UN competition was sabotaged.

13.  Extraordinarily, there was also by May 2009 a secret contract available to the MVHI directors (Condon and Olsen) around May 2009, arising from the MVHI 2008 initiatives for the country of Canada to be licensed. The Canadian licensees offered AUD 1.5 million cash to MVHI, documents being now discovered from Dawson Harford files and implicating each of Paul Condon and Hermione Olsen. This contract was for third parties in Canada to acquire the MVH license in Canada, using the MVH business system developed by David W Phillips and copyrighted to MVHI. Greg White ordered this potential AUD 1.5 million cash inflow to MVHI via this license contract be delayed until after he and NTCT had secured for themselves all of MVH. Such delay caused this license to fail, primarily after the licensees heard how cheap Mr White and NTCT were acquiring world rights for themselves from the CDS-NTCT appointed receiver. This MVH-Canada AUD 1.5 million license deal was hidden from the June 2009 appointed MVHI receiver and it was hidden from MVHI shareholders by NTCT and Nic Scott of Kensington Swan , when the latter chaired a MVHI shareholders meeting in late 2009.

Around May 2009 there was also a contract for a cash inflow of AUD 300,000, being due to MVH Australia from Austra Bricks. Dawson Harford & Partners recorded this in their MVHI files, but advised this did not need to be disclosed to MVHI. No trace of this AUD 300,000 has ever been found. Paul Condon, which had to be with Greg White’s ok as Greg White was then funding Paul Condon’s salary,  liquidated MVH Australia without any report to the shareholders of MVH Australia, the main MVH Australia shareholders being MVHI and OG.

14.  While  Greg White was wreaking havoc with the MVHI and CDS assets history now records he was also wreaking havoc with the NTCT-owned fishing company Ikatuna Limited and Tu ‘Ere Fishing Limited and causing misery to the many Indonesian staff/crew (and death to one in a live eel hold) of Greg White’s directed ship Shin Ji.

David W Phillips and OG

The media has reported that NTCT has invested $1.9 million in Open Group Limited (‘OG’) as property company. This is untrue as to quantum and is also misleading. The actual quantum was AUD $1 million in October 2007, then about NZD $1.3 million. What has happened to the other approximate $600,000 NTCT incorrectly report as being ‘lost’ in OG? Has it been otherwise applied by Greg White to his own uses?

While through Greg White’s shenanigans OG has lost itself about $12 million, OG still has value in 2012.

The main point though is that the AUD 1 million Greg White ’invested’ in OG shares, Greg White also directed that it all be applied to MVHI, and it was so applied in 2007/2008 by OG. Then Greg White instituted his schemes in July/August 2008 to take all MVH assets for his own interests, and to thereby destroy the value in MVHI for MVHI shareholders and for OG.
Today I continue to assist OG, and where I am enabled OG David W Phillips in his roles in OG. I have been astounded how David W Phillips as one man, has put his hand up for over 3 years now to the 14 professionals named above and to the all-powerful Greg White and his director allies, and said “No!” “Enough!“ “No more!”

I would not be supporting David W Phillips had I sensed he has misrepresented one item or fact, or had I sensed his actions were unfair or non-transparent or in any way improper.
On the contrary I have discovered it is those opposed to David W Phillips who have acted in a dastardly and dishonest and improper and secretive and unfair manner. Greg White has, I say, treated the MVHI shareholders (around 1000 beneficial shareholders) and the Open Group shareholders (around 70) and Indonesian staff Mr Greg White employed on his iwi chartered vessel Shin Ji, all in the same arrogant, cunning/manipulative, conscienceless manner. All have lost monies rightfully due to them as a consequence of Greg White’s actions or inactions.  Greg White’s 14 hired professional hit men and women and the additional employees in MVHI and CDS and Homesoft paid via Greg White with iwi monies are, to my mind equally culpable.

Some will recall David W Phillips challenges of the 1980’s/1990’s from the powerful Williams family and Brierley and others, and the culmination in the Justice Dept/SFO claims, all of which were over a 7 year period of defence proven to be of no account.
Despite David W Phillips’ proven innocence I have seen on one recent blog site an allegation that David W Phillips was found not guilty due to a hung jury. This is incorrect. My research suggests that David W Phillips in the earlier SFO proceeding was allegedly unlawfully subjected to:

Criminal interference with a member of the then sitting jury during David Phillips’ earlier High Court trial, by the Serious Fraud Office (SFO) and/or SFO staff, and:

Allegedly misleading and dishonest advice being provided to the Court and to David W Phillips by the senior prosecutor then representing the Crown (and he now a High Court Judge) , about who it was on the jury the SFO had communicated with during the trial hearing, and who they allegedly had on ‘their’ side to try to ensure a successful, albeit unlawful, prosecution, and:

A juror being dismissed when he was in fact innocent of charges made against him, and indeed was prior the head of the jury ‘innocent’ committee’ within that jury (a fact which must have been made known to the SFO by their real juror insider). By their criminal deceit the SFO managed to retain on the jury their SFO juror ‘plant’ and dishonest insider/SFO informant, and had dismissed in disgrace an innocent honest juror, and:

Persons allegedly being arranged by the Crown to be specifically included on a jury, when it was meant to be by chance, with at least one juror’s true occupation being hidden from the accused, and:

The then senior prosecutor (now High Court judge Stevens J) allegedly misleading the Crown, when he wrote to the Crown advising alleged untruths about a key witness, to secure her immunity from prosecution, with media coverage damaging to the accused following this dishonest action, and:

The then Crown legal advisor (Jim Farmer QC) writing a letter to the Justice Department which suggested no likely fraud, then when he later changed the last page of the same letter to provide a reversed opinion to enable the securing from Cabinet of the funding of an approximate $6 million campaign to try to indict what he had earlier recommended was an innocent man (being David W Phillips), and:

The SFO having to hand 2 separate independent investigations into their  accused person, which each stated no criminality, then the head of SFO (Mr Chas Sturt, who himself was later dismissed for allegedly misleading-lying to Parliament) jacked up a third investigation, during which a Steven Drain hid matters from his own staff and others, and using such deceit got agreement to the arrest of an innocent man (David W Phillips), and:

Staff within the SFO talking to ex SFO staff, saying they would “get” Phillips due to the support from a person they planted on the jury, with ways to “get Phillips” also being recorded in SFO written reports, and:

Staff within the SFO advising the Third Plaintiff that the reason he was being ‘done over’ was due to this being a requirement of the highly influential and wealthy WiIliams family and their advisors, being an influence they were purported to hold over some senior persons in the NZ justice and NZ political system.

Today it seems that, due perhaps to the Crown’s on-going persecution intent against him, the unlawful processes used over time against him, and outcome of the prior SFO matters, and other matters raised above that David W Phillips has been disadvantaged in the present day MVH proceedings by some related parties. These parties could include Venning J (himself an ex-Crown prosecutor) who sat on the 2011 Preliminary trial re MVH-OG.
Venning J is facing scandal in 2011, as a result of a conflict of interest and failure to divulge his outside business position in a forest investment tax shelter.

Three businessmen filed complaints with the Judicial Conduct Commissioner in relation to Venning J's refusal to disqualify himself from presiding in Muir v Commissioner of Inland Revenue in 2005.  In response to the misconduct complaint, the Judge claimed ignorance of s4(2)A of the Judicature Act, which requires judges not to hold outside office without permission of the Chief High Court Judge, claiming other judges are equally guilty.  Muir v Commissioner concerned a tax shelter similar to one Justice Venning was an officer of.

In 2007, in an appeal case which has become the standard in New Zealand in evaluating judicial conflicts of interest, the Court of Appeal determined Venning J's conflict did not rise to the level of disqualification.  Details surfaced later that this ruling was unsafe due to a failure of Justice Venning to disclose his full interest to the Court of Appeal.”

My Pleas:

The fact is David W Phillips had to spend 7 years to prove his innocence in the 1990’s, and he did so. Despite the above, albeit after about 7 years of investigation and harassment and trials and costs, David W Phillips was correctly not found guilty of any one charge set out in that prior Justice Department-SFO proceeding.

The MVH-NTCT Court Preliminary trial in March 2011 was not the final outcome of the OG-NTCT dispute, but only a preliminary hearing and to use the Judges’ words “a mini minor trial with no right of appeal”, on 3 specific matters. The substantive disputes continue.
Ngati Tama Custodian Trustee Ltd was not audited. The Ngati Tama iwi received few reports back to them. So today they (the iwi members) probably do not know where the iwi monies went.

I am aware from a review of MVHI invoices during the time NTCT/Greg White controlled MVHI that some Ngati Tama iwi monies were spent by MVHI in employing a computer specialist team to review (without knowledge or approval from D W Phillips) all of the entries to the laptop computer D W Phillips bought (I have seen the invoice and his payment proof) and used and which was stolen from his home in 2008 by Hermione Olsen and Rod Martin, while Mr Phillips was overseas , including all his personal emails and records. This was one of several illegal applications of Ngati Tama iwi funds. Later, Greg White used private documents obtained in this manner to try to harm D W Phillips. Why should one have empathy for such actions by Greg White or the Ngati Tama Custodian Trustee Ltd?

My plea is that the media act honestly and openly, and show some investigatory interest and skill, and do not close this story without fair debate/hearing/reports. Any action by any editor or media owner to close this story, would be akin to dissolution of the democratic process and freedom of us all.

My plea is that the ‘just cause’ be identified, and for accountability to see the light of day. I seek that each of the lawyers involved be held accountable for their unethical actions, but realise this is unlikely to happen through any law society procedure of complaint or via any court. Lawyers are supposed to be servants of the court – but my recent observation has revealed to me that judges seem to protect most lawyers from public criticism.

My plea is that the Government opens a Commission of Enquiry into both the loss of Ngati Tama monies and the destruction of MVHI by Greg White and his allies, with a fair and honourable Commissioner(s).

My plea is that all New Zealanders consider and act on my perceived lack of accountability by the Judiciary (from the Attorney General/Chief Justice to the clerks in the Courts, and including most Judges) to the people of this Nation. Since New Zealanders lost the right to appeal to the English Privy Council, thereby adding to the perception of the NZ Judicial system as somewhat akin to that of a banana republic, only those with wealth can now even have any hope of justice in our Courts. Look at the costs decision of Venning J from a 1 week preliminary hearing. He ordered David W Phillips pay penal costs accumulating to around $95,000 for a 5 day hearing. This on top of the around $12,500 court fees paid by David W Phillips and his associates even to hold the hearing. Then the hearing was held by the court on the strict condition that no appeal process be agreed. Then the Court of Appeal held no appeal was allowable due to the parties “agreeing” as to no appeal YET this same Court of Appeal suggested no High Court Judge would direct a no appeal hearing. But I was in the Court of Heath J when he so directed! To prove Heath J did so direct Open Group sought a transcript of Heath J’s hearing when he so directed. The High Court has refused to supply such transcript, saying variously it does exist, it does not exist, it is not available to us even if it exists. Thus in secret the lie of Heath J and the Appeal Court judges remains undiscovered. Perhaps it was more than chance that Heath J had lunch with the Open Group Appeal Court judges on the day of the Open Group appeal hearing!

My plea is that no Judge of any NZ court be permitted to judge when he or she is under a cloud of bad practice investigations, and no judge be permitted to judge when any possible conflict of interest exists. Venning J (undisclosed to the plaintiffs at the time) was under investigation for improper sitting/judgement at the time he presided over the MVH/Open Group/NTCT preliminary hearing. Our Open Group counsel at the time, Evgeny Orlov, said in my presence that the only way Open Group could lose this case was if Venning J acted dishonestly or was bribed by NTCT. After the judgement Mr  Orlov conveyed to me his understanding that Venning J had indeed judged dishonestly. Later at the Court of Appeal one of the judges judging Open Group etc., on that bench was a known adversary of Mr E Orlov.

Not too dissimilar as to the attempt by the Auckland High Court  to have an ex-partner of Kensington Swan (and present day consultant to Kensington Swan) judge on an Open Group/NTCT dispute – with Kensington Swan as NTCT counsel. Or the attempt to appoint a judge who used to work for Govett Quilliam when Govett Quilliam is NTCT’s New Plymouth counsel. Where does the accountability and independence and ethics and honesty of judges begin and end? Or is there none?

Look at this October 2010 report on Kiwiblog re Jim Farmer’s communication with a now disgraced Judge: Justice Wilson resigns

Look at some of these similar type allegations on Kiwifirst: "SICK TO HER STOMACH"

My plea is that all shareholders in MVHI and Open Group Ltd have a channel for reimbursement, not just the present pleas of the Ngati Tama iwi. The losses of Pakeha and other Maori shareholders in MVHI and Open Group Ltd were caused by actions and non-actions of NTCT leader, Greg White.

I personally sent to all Ngati Tama Custodian Trustee Ltd directors many documents asking for NTCT to respond. Never once over 3 years has anyone responded – other than the constant flow of emails to me from Greg White. In the end Greg White’s barrage of emails to me (some very distasteful) became harassment, and I asked him to desist or I would officially complain of his harassment.

I have written this letter because of my profound concern about what I have learned and experienced of NZ’S judicial system and the concerted and sustained attack on an honest man and innocent NZ investors over the past 3+ years.

This letter by me is my stand/protest against such actions as are described herein.
I remain willing to assist anyone in the discovery of truth.

Yours faithfully,
Isabel Hutchinson.