Archive for July 2015

Samuel North alleged owner of Muse On Allen – interview and comments.

Samuel North was interviewed on   Concrete playground 

We would like to set the record straight   by providing facts .

Yup okay that was impressively disastrous. You’ve certainly picked up from there though, you established this place at 21, which is ridiculously young, what gave you the confidence to do that?

SN: My parents gave me really good support, they’ve supported me the whole way through it. Especially my dad, he’s been in business before and really wanted me to do this I think. Probably not so young though. I could have waited a few more years but I was just too keen, too eager to own my own place, even if it was going to be something else. This place actually wasn’t even supposed to be a restaurant – I just wanted to have a bar but it turned out completely differently.

Reality 

The chattels of Muse on Allen were purchased  using  Jozsefs money .  this is a copy of the sale and purchase agreement purchaseopeing accountsas can be seen the place was purchased for $90.000  of which  $70,000  was  funds which  Jozsef introduced  see  here ( all enlarge on clicking )

In return  Jozsef received a 70 %  share holding 

Samuel $30 % based on the fact that HE was getting a loan from his parents and girlfriend as  can be seen  Samuel’s total investment into Muse on Allen which he claims he owns  is   a staggering  $10,000  from his bonus bonds. 

What was behind that huge need to h ave your own place?

SN: I just really hated working for people to be honest. I hated getting told what to do all the time. It was driving me crazy. I was just like fuck, what am I doing? I just wanted to do my own thing. 

Reality  

 yes the  reality is that  this statement is true  and it would appear that this dislike of being told what to do extended to   working with some one who has  just purchased the chattels for the business .  How true “I just wanted to do my own thing.”

Starting a business so young, was it kind of hard to get people to take you seriously?

SN: Yeah it was really hard, especially in the first year. I’d hired all these young people who were like fuck it, he’s 21 what the fuck does he know? It made me realise that I needed to be hiring the right people who were going to support me and who wanted to listen to me. I find that actually hiring older and more mature is better. I’ve got a lot of older staff now. They’re still in their like, thirties and twenties and stuff but they are passionate about the restaurant, the food and the service.

Reality  

 From what we have seen the person who  was calling all the shots in the restaurant was Malcolm North, he was   calling all the shots even before  he was made a director.    the scenario  goes   Samuel and Jozsef were directors. Samuel gets his  mother Debbie North , to be an alternate director  she  completes her own forms ( which is actually a no no  )  and uploads this to the companies register  and back dates it to the date of  the company formation. 

They now  use this as a two votes to one directorship and use this to    reduce Jozsefs share holding  without any new capital going into the business and without  any consent from Jozsef.  what they did is totally  against the  companies act . 

It is in reality Malcolm and Debbie   who were  directors with Samuel  in the first  year after passing resolutions  in private to get  Jozsef out .

 

In a herald  article   –Your Business: Young Entrepreneurs Samuel North is reported as  saying

The founder and head chef of Wellington-based restaurant Muse on Allen worked and saved hard for six years, and got a loan from his parents and help from his partner to set up the restaurant, which last year took out a top culinary prize – the Visa Wellington on a Plate Award.

Reality

As  we have shown earlier the opening accounts of Muse on Allen , they are evidence that  Samuel  put in $10,000.

Samuel Norths statement  above is  correct but it  conveniently leaves out the  $70,000  investment of his  business partner  who was then  in our opinion and no doubt in the opinion of any right thinking person “ shafted.”

The  financial accounts for Muse on Allen   show the  Loans from his parents  and Anabel Torrejos  and the share holding of Jozsef  but the companies records   up until  May this year showed Samuel as the only share holder. After that date they brought in Janine Corke a strategist of  Corum Limited   just days after she became a director  Jozsef was sued in the   district court .  Ironically Janine   in her linked in profile claims to  have been part of  victim support .  (Good work Janine  do you know what a victim is ??? )

The shares Samuel North held were effectively stolen  from Jozsef  and  were never legally transferred and have certainly never been compensated for – there is no other way of saying but it is  Fraud  at the worst and a serious breach of the companies act at the least

Muse on Allen opened   in  September three months later Jozsef  was kicked out  and they  blamed him  for the company not   being profitable.. show us a company which  is profitable after  3 months .

Now Malcolm North on behalf of Muse on Allen  is  suing  Jozsef for the  losses in  what is reported in the press to be a ” very successful ” business owned and operated by  Samuel North , so successful that  the company is claiming to be insolvent  see  Statement of Claim. Goes to show  that  even after  three years  the company is still  running at a loss despite   all the glowing  press reports which say it is full night after night.. but then that is the power of advertising and a different story . 

Malcolm North supplied free of privilege the end of year accounts which   clearly show   that Jozsef  is a share holder   and  has  been totally alienated   from the company which Samuel  pretends that it is  his own- even   issuing a trespass notice against  Jozsefannual accountsshae holder accounts

False allegations are now being made of contempt of court  this is because lies  have a way  of getting tangled  and drive  desperate people to making  desperate accusations.

Samuel and Malcolm  you could try    paying Jozsef back his   money  and  his costs that you have    trumped up through  delay tactics. 

Let  us look at the future  by  being responsible   with regard to what you have done in the  past ,  what you have done to Jozsef is not  right .

We also include  the  some real feed back  with Samuel North’s responses   which  we captured before it was removed .. they  speak for themselves..click to enlarge they  originate from Trip advisor

group of 6group of 6 part 2Kiwi traveler 1Kiwi traveler

 

Malcolm North responds and Lawyer gets his facts wrong

john lawOur post MUSE ON ALLEN we reveal the secret to Samuel North’s success. Has met with total acceptance of  Malcolm and Samuel North  but no  so of the  lawyer for Muse on Allen   XXXXXXXXXXof  Johnston Lawrence limited

XXXX immediately filed documents  in which he again made very serious and   incorrect  allegations . see  Third Urgent Memorandum of Counsel – 090715   and Affidavit of Judith Louella Jane Burge sworn 9 July 2015

 this response was sent to court people have the right to defend themselves against  false accusations.  

From: Grace Haden
Sent: Thursday, 9 July 2015 12:04 p.m.
To: xxxxxxxx’; ‘Stack, Michaela’
Cc: ‘Jozsef Szekely’; ‘malcolm north’; ‘Samuel North (samuel@muserestaurant.co.nz)’; ‘The Norths’
Subject: RE: CIV 2013-485-9825: Szekely v Muse on Allen Ltd

Good Morning Michaela

I refer you to    the latest post on  Transparency New Zealand  . Open letter to the minister of small business

I also advise the court that  Mr xxxxxxxxx is  willfully   misdirecting the court as per  His honour Justice Collins  minute  the documents  which were provided under rule 8.30 (4)   are held in the offices of Duncan Cotterill .  They have not  been made available to me .

The  documents on Transparency were provided by me  and as shown in the attachment that Mr xxxxxxxx attached to his legal secretaries  affidavit   the documents    came from the following sources

Page 1. Direct from the plaintiff he had this document in his possessing from the time he purchased  the assets.

Page 2  this is available on line  from the companies office   free of charge and available to the public

Page 3  this is a copy of  a document which Jozsef has had in his possession  from  a date prior to the court proceedings .

Page 4 -10 these are available on line  from the companies office   free of charge and available to the public

Page 11-54 . these are the documents  for  the district court proceedings in Which  Muse on Allen , whichis currently in liquidating court  took against Jozsef  for the losses which were incurred in the company based on  the 63.4% share holding which the  SOC alleged he has ,  being  the majority shares in Muse On Allen the very shares which were unlawfully transferred   by Samuel north  from Jozsef to himself.

Page 55    a document  available   through the land transport  register

I have repeatedly made Mr xxxxxxxxx aware  that   the documents did not  come  from discovery in the high court and indeed it is self evident that   they  were   served free of  confidentiality   By Malcolm North in the  district court .

I appreciate that this may not  be convenient for Mr Abricrossow  but he should not be using his office to  conceal fraud  and the evidence is obvious that a fraud has occurred  in that  Jozsefs shares  have been  deceitfully  removed and withheld  using the court.

I remind Mr xxxxxxxxxx that   he should be acting in accordance with Section 4 of the lawyers and conveyancers act.

We have not  breached   the  discovery in  the high court   and it is an abuse of process form Mr xxxxxxxxxx that allege that .

Regards

Grace Haden

From: malcolm north [mailto:malcolm@muserestaurant.co.nz]
Sent: Thursday, 9 July 2015 6:10 p.m.
To: ‘Grace Haden’
Subject: RE: CIV 2013-485-9825: Szekely v Muse on Allen Ltd

Hello Grace

Thanks for the update you haven’t taken any notice of me at all about your grammar ,punctuation and spelling.

 

Response :Thank you Malcolm     did I mention that English is my second  language .

 

On 9 Jul 2015 9:19 pm, “malcolm north” <malcolm@muserestaurant.co.nz> wrote:

Thanks for that .Probably why you can’t understand Szekely walked out of the Restaurant after  eleven weeks .Funny how you haven’t told anyone this.

Response :Did he walk or was he pushed.  I suspect he walked just like pirate’s made their victims walk the plank.   Yes its all Jozsef’s  fault because he wouldn’t put up with the bullying.   Bullies always blame their victims.

On 9 Jul 2015 11:01 pm, “malcolm north” <malcolm@muserestaurant.co.nz> wrote:

He walked.

Response : Yes he walked….. Straight to his lawyers   see letter here letter from lawyer 16Jan

 

Note: Samuel did an interview in   Concrete Playground     these are extracts show how he started Muse on Allen    the reality is reflected in the fact that   he  transferred the share holding of shae holder accounts another  chef into his own name  and then  denied  Jozsef  any rights    .  The accounts  in 2014 show that there were two share holders in the accounts  although Samuel was  listed as the 100% share holder on the companies  office site .

Jozsef had $64,118   equity in the company  while  Samuel owed the company $6420     yet Samuel  went out a bought a 207 BMW SUV loaned against the company BMW

Remembering  this read the article below    and remember that Samuel is being acclaimed  as begin the youngest Chef in Wellington to OWN a restaurant .. He actually OWNS NOTHING  and OWES   it all to  Jozsef

The opening accounts  speak volumes    prizes fro those who spot the contributions by Samuel click to enlarge opeing accounts

This is the real secret to opening your very own  restaurant. its called other peoples money  .

In our professional opinion  it is  fraud when you get   a person to invest in a company   they are the majority share holder  and then you  move  all their shares into the name of a person who makes a living off the company .   At the same time   the  majority  share holder is excluded  and    is sued   for   the losses incurred by  the company.

to  put the icing on the cake  the losses  include the purchase of  a  2007 BMW which the person who has no share capital in the company but  who has claimed all the shares as his own, uses as his own .

Any way back to   Concrete playground 

Yup okay that was impressively disastrous. You’ve certainly picked up from there though, you established this place at 21, which is ridiculously young, what gave you the confidence to do that?

SN: My parents gave me really good support, they’ve supported me the whole way through it. Especially my dad, he’s been in business before and really wanted me to do this I think. Probably not so young though. I could have waited a few more years but I was just too keen, too eager to own my own place, even if it was going to be something else. This place actually wasn’t even supposed to be a restaurant – I just wanted to have a bar but it turned out completely differently.

What was behind that huge need to have your own place?

SN: I just really hated working for people to be honest. I hated getting told what to do all the time. It was driving me crazy. I was just like fuck, what am I doing? I just wanted to do my own thing.

Starting a business so young, was it kind of hard to get people to take you seriously?

SN: Yeah it was really hard, especially in the first year. I’d hired all these young people who were like fuck it, he’s 21 what the fuck does he know? It made me realise that I needed to be hiring the right people who were going to support me and who wanted to listen to me. I find that actually hiring older and more mature is better. I’ve got a lot of older staff now. They’re still in their like, thirties and twenties and stuff but they are passionate about the restaurant, the food and the service.

We also include  the  some real feed back  with Samuel’s responses   which  we captured before it was removed .. they
speak for themselves..click to enlarge they  originate from Trip advisor

group of 6group of 6 part 2Kiwi traveler 1Kiwi traveler

Abuse of Companies act – Muse on Allen Limited- request for ministerial investigation

Open letter to  Craig Foss Minister of small business

Good Morning Minster

I am  approaching you in your capacity as  minster for small business and wish to bring to your attention a major flaw which I have identified in  the enforcement of the companies act with regards to small businesses.

We appear to have entered  a phase where economics  are  considered before justice  and  this  is distinctly in favour  of those who  breach the provisions of the companies act.

I am a licenced Private Investigator / Former long serving  police and  prosecuting sergeant .  Earlier this year  a young man approached  me  when  his lawyers advised him that after spending $50,000  with them  to seek justice it would take another $42,000  to  get the matter to trial and since it appeared that the company  was insolvent  there was no point in pursuing the matter .

In brief the circumstances are my client  Jozsef Gabor SZEKELY  and Samuel Raymond North are chefs, together they  purchased a  restaurant  for $90,000 they set up a company called Muse on Allen Limited and were 70/30   share holders .

Jozsef is an immigrant to New Zealand  . Samuels Father,  Malcolm North  is an Employment Broker for the ministry of  Social Development.  Malcolm  helped and supported the two boys in getting the business started   but it now appears that as far as Jozsef was concerned there as an ulterior motive, that was   to provide his son with a company financed by some one else.

Samuel gave the company key to his mother she used this  to  appointed herself as director and backdated this to the companies date of formation.

Samuel   reduced Jozsef’s shares  to 49% ,  then appointed his father as director, removed Jozsef and  finally transferring  all the shares into his own name. this was all done contrary to the act and without the injection of more share capital

This occurred in January 2013   less than  6 months after the company was formed.  Jozsef immediately went to see  lawyers .  It was correctly identified as fraud  but  could not get the police to take a complaint .

The lawyers took the matter to court under section 174  of the companies act   and  Jozsef  spent most of his time  earning money to pay the  lawyers.

Malcolm   represented the company in court and even  posed as though he was counsel  this   caused  Jozsef’s expenses with the lawyers to go out of hand .

The company would not  give Jozsef any of the documents which a shareholder is rightfully entitled to but they were released to  Jozsef’s lawyers under confidentiality  and   copies remain in  their office  and no duplicates have been released.

When the lawyers withdrew Jozsef approached me,  I attempted to get the registrar to correct  the  on line register  based on a set of accounts which we had obtained outside the discovery process.

The registrar   however would not act as they claimed that  redress was available through the courts .

I acted as a Mc Kenzie friend for Jozsef and  supported him in representing himself in court ,the matter was   to have  been set down for a formal proof hearing  but now   the company  has engaged counsel ( instructed by the   very directors who  have  breached the companies act  in so many ways )  and it is set for a three day trial in September  on the matter of   Jozsef being a disadvantaged shareholder.

In early June   we were advised  By Malcolm North  that the former lawyers for the company   have taken the company to  liquidation court and the company could    be wound up  before the hearing.

Jozsef has not only lost his $64,000  investment in the company but has paid $50,000  in an attempt to  have his rights enforced.

The  final straw came  when   the company sued  Jozsef on 19 June   in the district court  for the losses  which the directors  have incurred in the company since unlawfully  removing   Josef’s shareholding .

The whole purpose of a limited liability company is that    the   losses are limited to  that of the shareholders  equity  yet   Jozsef now finds himself burdened with a second set of court proceedings.

So we now have an ironic situation   where by   Josef’s shareholding has been removed from him  and he is  being  held responsible for losses in the company due to being a share holder

I have prepared   and  filed an extensive  complaint with the   registry integrity  , there are some 30  serious companies  act offences  which  the directors and their associates have committed.  Yet  in again a parallel move they are attempting to hold  Jozsef   for contempt of court  for allegedly  using the accounts  and the  documents which  have never been copied  or  been  outside his lawyers office  .

The entire process has been total bullying  and  abuse .

Those who invest in NZ companies  should not   be subjected  to  this lunacy, it destroys confidence in small business and shows that there is  a major flaw in the system which  allows  people to effectively steal shareholders  equity and use it for their own means.  The law is there  to  protect persons such as Jozsef and  ot should be affordable and expedient.

Samuel North   has  a deficit of  shareholders equity in the company yet drives around in a  late  model BMW  vehicle  owned by the company  while  the  only person to have invested in the company is being  hammered in the court

We request urgent intervention in this matter  where by the registrar   seeks to hold the  company and its directors  accountable to the act.

We need a system  which  prevents   this type of scenario from repeating .

In the interest of public  confidence in small business ,we hope that you can open a ministerial  enquiry into this matter  so that   this   cannot happen again.

I am happy to  supply the complaint to the  registrar and  the evidence  on your request .

Regards

Grace Haden