Tycoon's friends contest will

When wealthy German businessman Robert Leitl died in 1997, a group of his friends thought they would be remembered in his will.

Over the years and as his health deteriorated, Mr Leitl allegedly made promises that would see them inherit gold, precious gems, jewellery and money.

But his will did not meet their expectations and last week in the High Court at Auckland, lawyers for the group and lawyers for his estate argued over Mr Leitl's intentions.

The court has heard of Mr Leitl's generosity, love of ready cash and continental food - forbidden from eating sausage because of his health, a friend sneaked it to him - and of claims of missing gold bullion following his death.

Mr Leitl left no immediate family.

His will, made in 1993, details the distribution of his estate, running into millions of dollars, among friends in New Zealand and Germany, as well as charities and businesses he was associated with.

The group believes Mr Leitl gave instructions for a new will before he died.

One of the group of four, Michael Baker, made jewellery for the businessman and, following the death of Mr Leitl's wife, Traudl, in 1992, grew closer to the German.

Mr Baker told the court Mr Leitl wanted him to have Traudl's jewellery, gold bullion and gems.

Mr Baker said Mr Leitl once asked him to arrange the sale of up to 11 gold bars, each worth about $16,500. Mr Baker saw only one or two of the bars.

The sale never eventuated and the other "nine or 10" bars were missing from the estate when executors listed Mr Leitl's possessions, said Mr Baker.

Another claimant, Roman Priore, said Mr Leitl had told him Mr Baker was to receive the gold.

The only time he looked into Mr Leitl's safe in his home in Victoria Ave, Remuera, in the company of Mr Leitl, he saw rolls of United States dollars, German marks and Swiss francs, but only one bar of gold.

Mr Priore, the owner of the Swiss Delicatessen, said Mr Leitl and his wife were customers from the 1980s.

He used to hide the best cuts of his meats from other more regular customers for Mrs Leitl.

Over the years Mr Leitl became interested in the business and put money into it, ultimately owning two-thirds.

Mr Priore said they had a father-son relationship.

He said Mr Leitl made mistakes, like buying a little-used chiller truck, and ordering 20,000 packing cartons when 3000 were enough.

In addition, extended lunches with Mr Leitl resulted in reduced productivity.

"In one way, he looked after me, but in another way he made unwise decisions - but he was the two-thirds shareholder," said Mr Priore.

Under cross-examination from Philippa Cunningham, acting for some infant beneficiaries of the will, Mr Priore agreed that, based on a promise by Mr Leitl, he was seeking the wiping of a debt - about $800,000 - owing to the businessman's estate.

Mrs Cunningham said that, under the 1993 will, Mr Priore was offered Mr Leitl's shares in the company for $1 each, or a total of $24,000, with 10 years to pay off the debt.

Mr Priore signed an agreement about the share purchase with Mr Leitl, said Mrs Cunningham.

"Why would you sign a document saying you would have to pay for something that Mr Leitl said you could have for nothing? Why did you do that?" she asked.

Mr Priore: "It was Robert's wish... "

Mrs Cunningham: "The terms of Mr Leitl's will allow you to keep the company. He ensured you got those shares and gave you 10 years to pay off the debt. He kept his word, didn't he?"

Mr Priore: "I can stand here straight and say everything I say here is true."

When Mr Priore mentioned that only God could determine the truth, he was interrupted by Justice Rodney Hansen: "Unfortunately, sometimes, Mr Priore, I have to stand in for him."

The case resumes today.

* Correction: an earlier version of this story incorrectly identifed the photo of Roman Priore as a photo of Robert Leitl.