Eric Watson and Gerald Harvey in horse fees battle

Bloodstock interests of Eric Watson and Harvey Norman co-founder Gerald Harvey have taken a horse breeder to court because they say she has not paid feeding and service fees on her horses and will not release them until she does.

The stoush involves Watson Bloodstock and Mr Harvey’s Westbury Thoroughbred – owner of the Westbury Stud in Karaka – and bloodstock agents Luke Lillingston, Russell Malcolm Warwick, John Foote and Henry Plumtree.

The pair claim horse breeder Margaret Mary-Jean Webster, aka Margaret Watson, owes feeding and service fees on her horses and are holding the animals in security for the debt.

Ms Watson claims Westbury has wrongfully retained the mares and three of their progeny, two fillies and a colt, which she alleges Westbury Thoroughbred has branded without her permission.

The two fillies and the colt were subject to sale contracts for $23,132 each and Ms Watson claims those sales are in jeopardy because Westbury Thoroughbred refuses to release the horses.

Ms Watson has counter-claimed for any losses on their resale, general damages of $10,000 and punitive damages of up to $40,000 for wrongful retention of the bloodstock and for branding them with the Westbury brand.

Arguing that no service fees are outstanding for one of her mares, and payments outstanding on two others had been tendered but refused, Ms Watson has also claimed $160,000 as an estimate of the value of the progeny the mares would have produced had they been serviced.

In court documents, Ms Watson says it was an agreed oral term of the service and agistment agreements that Westbury Thoroughbred and Watson Bloodstock would be paid as the horses, and or progeny, were sold.

Ms Watson’s lawyer Nicholas Carter says he is not aware that she is any relation of Eric Watson.

An initial judgment of Justice Murray Gilbert decided Westbury Throroughbred and Watson Bloodstock were entitled to the further particulars they sought from Ms Watson’s statement of defence.

NBR ONLINE understands the parties have agreed to try and settle the matter, which is going to a judicial settlement conference at Auckland High Court on Monday.