Judge to rule if dispute goes to South Africa

A High Court judge has to decide whether a multi-million-dollar dispute involving one of the country's richest men should be heard in this country or South Africa.

Dutch consul Alex van Heeren wants it heard in South Africa. His former business partner, Michael Kidd, wants the case brought back to New Zealand.

The pair were business partners, jointly owning the upmarket Huka Lodge as well as other substantial assets.

But Mr Kidd claims he was severely short-changed when they split their business empire in the early 1990s. He says he received only US$3 million from their US$38.5 million empire.

Eight years ago in the High Court at Auckland Justice Robert Smellie stayed Mr Kidd's claim until the South African courts had ruled on a disputed indemnity document, or until further order of the court.

Mr Kidd's lawyers returned to the High Court last week asking for the stay to be lifted because they said there were significant changes in circumstances.

Mr van Heeren's lawyer, Chris Hodson, QC, said that the pair had signed a full and final settlement and had agreed that any dispute should be determined in the Republic where the South African courts had accepted jurisdiction. Mr Kidd claims the indemnity document was obtained by fraud.

Justice Christopher Allan reserved his decision.