Harcourts Cooper & Co managing director Martin Cooper talks about the decision in the case between himself, Matty Ma and David Rong. Video / Martin Cooper, Harcourts Cooper & Co.
North Shore Harcourts real estate agency boss Martin Cooper’s company has won $432,000 after a dispute with top real estate agent Matty Ma and her husband David Rong.
Cooper, managing director of Harcourts Cooper & Company, sought payment while Ma and Rong won a far lesser amount of$71,000.
Cooper & Co Real Estate won its counterclaim against Cooper & Co Real Estate Albany, half-owned by Cooper and half-owned by Ma and Rong together. Albany is the company which operated the franchise that was the subject of the dispute.
The couple took action against their former business partner after a dispute over an Albany office. They sought $9.8m from Cooper, including $3m for a half-share in the business.
In hearings last February and in October, Tieying (Matty) Ma and her husband Zaidong (David) Rong sued Martin Rees Cooper and Cooper & Co Real Estate Albany in the High Court at Auckland.
Justice Matthew Muir’s 94-page decision on March 20 said the case involved many issues after the three established that Albany branch office.
“Some thousands of documents are before me. The evidence was heard over three weeks. The submissions are prodigious,” the judge said.
Ma was a successful agent, working in one of Harcourt’s branch offices. She had a proven sales record, particularly with the Chinese community, he noted.
Cooper had been equally successful in building Cooper & Co Real Estate, the judgement said.
In 2008, they bought an Albany agency and ran it as a Cooper & Co branch. Four years later, that branch became a stand-alone company. Rong and Cooper became directors.
Even though she had a stake in it, Ma didn’t want it to be publicly known that she was a shareholder.
“Were this the case, members of the Asian community would bring pressure on her to reduce the commissions payable on their transactions,” Judge Muir’s decision said.
What followed was a slow but complete breakdown of the relationship between the parties, a summary of the decision said.
Harcourts Cooper & Co managing director Martin Cooper up Maungauika on the North Shore. Photo / Fiona Goodall
In 2015, Rong challenged the need for the Albany agency to pay money to Cooper & Co’s head office. He wanted money refunded, saying the matter should be reported to the Serious Fraud Office, Inland Revenue Department or the police.
By 2016, the relationship was described as “limping along” even though the office continued to be highly profitable, generating pre-tax profits of $8m on gross sales revenue of $56m. It was consistently the top performer of any branch or company within Cooper & Co Real Estate. Ma was consistently the top-performing sales agent for Harcourts throughout New Zealand.
The judge said by 2017, the relationship had become dysfunctional to the point that Cooper offered to buy Ma and Rong out. The couple were adamant they would not sell. Instead, Ma offered to buy Cooper’s half for $1, but only if she retained the right to sue him for damages.
Justice Matthew Muir ruled in the case between Matty Ma, David Rong and Martin Cooper. Photo / George Novak
Cooper, with Rong’s consent, had experienced insolvency practitioner and former auditor Jeff Meltzer appointed by the High Court to manage the Albany company.
Rong had a long list of complaints, including that the Albany office at 227 Dairy Flat Highway had been overcharged rent. Meltzer identified some issues and recommended resolution, which Cooper largely accepted but Rong did not.
Rong, Ma, and the Rong Ma Family Trust then sued for millions.
Ma and Rong claimed breach of fiduciary duty, although the statute of limitations meant the judge didn’t uphold that because the claim was not brought until 2021, so it was out of time.
But Ma and Rong also sued Cooper as shareholders in the joint venture company, alleging oppressive, unfairly discriminatory and unfairly prejudicial conduct.
Cooper denied any wrongdoing and his company Cooper & Company claimed for head office services provided but not paid for from 2018. The judge noted the total sum by Cooper’s company was a total of $432,000.
The judge agreed to award the couple $71,000.
Harcourts Cooper & Co managing director Martin Cooper in March, 2025.
He concluded: “Mr Cooper’s agreement was, in my view, within the broad range of discretion which could be expected of a managing director in his circumstances and no unfair prejudice is demonstrated. I accept that there was a contract implied by conduct for the provision of head office services and the sums charged were broadly reasonable for the services provided.”
Cooper’s legal team was headed by Suzanne Robertson KC. Ma and Rong’s was headed by James Burt.
Cooper told the Herald he was satisfied with the decision.
“Since ending my business relationship with Matty Ma and David Rong in 2018, they have engaged in a relentless campaign against me,” he said, citing various outlets including the Auckland District Law Society, Institute of Chartered Accountants, Banking Ombudsman, Inland Revenue, police and media.
Justice Matthew Muir. Photo / George Novak
“Despite extensive forensic investigations by a court-appointed manager and a 16-day trial in the High Court costing hundreds of thousands of dollars, the findings confirmed that there was no material damage to them as shareholders in the business and all their accusations of impropriety were unfounded,” Cooper said.
He also sent a copy of a video where he reiterated his views.
Rong told the Herald an Appeal Court application was planned.
“We believe the court’s analysis inadequately addressed critical counterarguments and evidence, resulting in an unjust outcome,” Rong said.
Ma said: “Our lawyers are happy for us to respond. We believe truth is the best friend in life. We are seeking ... justice.”
* This article has been updated after a complaint from Ma and Rong’s barrister James Burt.
Anne Gibson has been the Herald’s property editor for 25 years, written books and covered property extensively here and overseas.
