Tua Wins, Loses In Court
By Boxing News February 18th, 2008Compliments of Mr Matheson and his fine paper…
By John Matheson
David Tua was awarded nearly $3 million in his high court battle with his former
managers in December - only for it to be taken back by the courts last week.
Sunday News can reveal Tua’s legal team had scored what seemed to be a knockout
blow on December 17 when Justice Hugh Williams ruled in the Auckland High Court
the Kiwi heavyweight should be paid $2,979,718.
The cash was being held by the court from the sale of land at Pakiri Beach,
north of Auckland, and Tua’s downtown Auckland apartment.
But in a cruel setback for Tua, Justice Williams rescinded that decision last
week.
Williams’ ruling means Tua’s legal battle with his former managers Kevin Barry
and Martin Pugh will drag into a fifth year.
“He should be down and out with everything he’s gone through, but he’s not,'’
Tua’s confidante, league and rugby legend Inga Tuigamala said last night.
“What David has been put through has built a resilience to take anything that
comes his way.
“Being a natural fighter, the experience he’s going through strengthens him and
makes him able to carry on. (Williams’ decision) is a blow to him - no question
about that. He’ll use this experience to motivate himself.'’
Tua, who recently re-signed with his US promoter Cedric Kushner for a further
two years, is scheduled to fight in Michigan in April - a pre-cursor to a major
fight in May or June under the banner of the iconic boxing network Showtime.
He wasn’t talking last night but his lawyer Luke Kemp confirmed Tua had
instructed him to appeal Williams’ decision.
“These things are immensely disappointing for the Tuas because when you are a
boxer you go into the ring and you win or lose Leg 1within an hour,'’ Kemp
said. “To be spending five years (in court) is more than a marathon and it takes
a lot of character to withstand a disappointment like this.
“We hope we can get back to court quickly and have these issues heard.'’
Sunday News has obtained a copy of Williams’ judgement and the detail of the 14
page document plays again to the fact that this case has been slowed by
interlocutory nonsense.
The number of injunctions, hearings and court applications and the like have
made very complicated what is essence should be a simple storyline - what
happened to the $20 million in purses Tua earned while in partnership with Barry
and Pugh?
Sunday News understands the court currently controls a total of $6,425,847.87 in
disputed funds - monies gained from the sale of Pakiri ($5,128,084.01) and the
apartment ($1,288,856.75) and the resulting interest.
One reason Williams change his order was because Barry and Pugh interests in
Tuaman Inc are now being overseen by a new legal team which hasn’t had time to
question Kemp’s initially successful argument that Tua was rightfully owed the
money.
Tuigamala is confident the boxer’s Tua of Duty - designed to end with a second
shot at the heavyweight championship of the world - will end in triumph.
“He’s frustrated now but his time will come. He’ll through this. A lot of people
have doubted him in the past but he keeps getting up. He’ll be freed from this
one day. And justice will be done.'’