Even when you win you don't win - Sheila sues Racing Victoria

[Chief Stipe]

2024 Melbourne Cup-winning trainers sue Racing Victoria

www.racenet.com.au

 

The Knight's Choice Melbourne Cup fairytale has taken an explosive new turn, with the horse's Queensland trainers suing Racing Victoria to demand their $464,640 cut for winning the famous race.

Racenet has learned John Symons and Sheila Laxon have launched District Court action against RV after their Cup winnings were deposited into an old bank account they no longer have access to.

RV insists it simply put the money into the account it had on file and claimed it has since tried to help the trainers.

The money has not been passed onto Symons and Laxon from the person who is now believed to operate that account.

 

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It is understood RV recently sent an individual a letter of demand in relation to the matter.

However it is RV who is in the crosshairs of Symons and Laxon and the trainers confirmed that action had been lodged in the Queensland District Court.

A January 31 legal letter that contains a statement of claim has been seen by Racenet. RV has been given 28 days to file a notice of an intention to defend.

Never in doubt ????

Belief was high for trainers of KNIGHT'S CHOICE John Symons and Sheila Laxon.

???? @wwos | #MelbourneCup | #MelbCupCarnivalpic.twitter.com/L2phMvbOlM

— Victoria Racing Club (@FlemingtonVRC) November 5, 2024

• How Racenet's Ben Dorries revealed the Melbourne Cup trainers' prizemoney saga

RV issued the following statement to Racenet on Wednesday evening: "We are not able to comment in any detail given that the matter is now the subject of proceedings, however note that RV has paid out all Melbourne Cup prizemoney as required, including to the bank account registered with us for Ms Laxon and Mr Symons' trainer prizemoney payments in Victoria.

"We have taken the steps available to us to assist Ms Laxon and Mr Symons in recovering the money from what RV has subsequently been advised is their former account."

Racenet first revealed the story last month that the trainers' prizemoney for the race that stops the nation was paid into an old bank account that the trainers no longer use.

Knight's Choice ridden by Robbie Dolan won the 2024 Melbourne Cup at $91. Picture: Racing Photos

• How chance meeting set up Sheila Laxon and Robbie Dolan's Melbourne Cup triumph

The fresh legal saga is threatening to further sour the incredible Melbourne Cup triumph of Knight's Choice, a $91 roughie who shocked the world by winning the famous race last November.

It was Symons' first Melbourne Cup win and also the first time a Queensland-trained horse had won the Cup.

It maintained Laxon's unblemished Melbourne Cup record after she previously won the Cup with Ethereal, who won the Caulfield-Melbourne Cup double in 2001.

"It's a fairytale ending!"

Two-time Melbourne Cup winning trainer, Sheila Laxon on what it takes to train a champion horse and why 2024 winner, Knight's Choice is such a "dude" ????#MelbCupCarnival#MelbourneCup#CupDaypic.twitter.com/FdsEVBHBdB

— Victoria Racing Club (@FlemingtonVRC) November 6, 2024

• Melbourne Cup trailblazer Sheila Laxon becomes a legend

Since scoring the 2024 Cup, Laxon and Symons have gone on promotional tours with the trophy.

The Australian Trainers' Association has been assisting the pair with their efforts to recover the Melbourne Cup prizemoney.

[billy connolly]

Don't know the facts but if I was Laxon/Symons I'd be hiring hit men.

What is the banks position, wouldn't there be interest accruing or have the funds vanished ?

[Chief Stipe]

Account numbers aren't reallocated.  Not like phone numbers  So that means Laxon and the mystery person both owned the account at one stage.  The mystery person still operates the account.  Laxon stuffed up by not notifying the change of account to Racing Victoria or Racing Victoria were notified and didn't update their system.  The only way Laxon has a case against Racing Victoria is if they stuffed up after being given notification.

Of course the person who has control of the money and refusing to hand it over is acting criminally.  

[curious]

19 minutes ago, Chief Stipe said:

Account numbers aren't reallocated. 

This one evidently was.

[Chief Stipe]

22 minutes ago, curious said:

This one evidently was.

Where's the evidence for that?  I haven't seen anything to suggest that other than the fact that Laxon is suing Racing Victoria rather than the account holder.  That would suggest she doesn't have a relationship with the current account holder.  

I'd say it was more likely a joint account with 2 or more account holders one of whom was Laxon.  Laxon moves on and her name is taken off the account 

I've seen some legal action taken recently under those circumstances.

The only reason Laxon can sue Racing Victoria is if she told them her new account number and they didn't change it.

 

[curious]

Bit hard to say isn't it from the above? In one place it says "their former account."  In another, "the person who is now believed to operate that account". A third party, accountant, former employee? Regardless, as you said, it is theft, but not by RV.

Edited Thursday at 04:45 AM by curious

[Gammalite]

2 hours ago, curious said:

Bit hard to say isn't it from the above? In one place it says "their former account."  In another, "the person who is now believed to operate that account". A third party, accountant, former employee? Regardless, as you said, it is theft, but not by RV.

Sounds that way. And someone that Laxon doesn't get on with at all either. Or they would just hand over the money.

You can do a bank transfer in minutes these days. 

What an ass that person is for not co-operating 🙄. Doesn't seem RV at fault . they said they paid the money to nominated accounts. That's all you can do. 

[curious]

55 minutes ago, Gammalite said:

What an ass that person is for not co-operating 🙄.

Maybe, unless they were owed the money?

[Newmarket]

So whose account was it paid to? Seems strange, maybe more to it 😙

[The Centaur]

6 hours ago, curious said:

Bit hard to say isn't it from the above? In one place it says "their former account."  In another, "the person who is now believed to operate that account". A third party, accountant, former employee? Regardless, as you said, it is theft, but not by RV.

I always believed that the law was quite clear where mistakes are made. The money has to be returned. Happens every day. Why its so hard here is very strange.

[Gammalite]

27 minutes ago, The Centaur said:

I always believed that the law was quite clear where mistakes are made. The money has to be returned. Happens every day. Why its so hard here is very strange.

I always laugh when that Rotorua couple that had nearly gone broke applied for a $100,000 overdraft from Westpac that time around 15 years ago.

Some buffoon put an extra 2 zeroes on when doing the bank transfer lol 🤣😅 so thanking their lucky stars they fled the country with  $10,000,000.  leaving the struggling Rotorua petrol station behind (complete with stock on selves lol)

After a couple of years the NZ lass wanted to return to NZ , as had split with the Chinese guy who was busy blowing tens of thousands in Macau and Hong Kong and China casino's. She had a young daughter is probably why she rang police and came back after two years to face the court. 

Not sure if they ever caught the bloke or not. Better to give back what is NOT yours. 

Hope the idiot that has Sheila Laxon's MC percentage money gives it back . Some of it is Mr Symon's as well ? so is he stealing from 2 people for some reason? was Mr Symon's careless where he wanted his payments to go as well.?  what about other races percentages leading up to the Melbourne Cup ? where did they go I wonder 🤔 

 

Edited Thursday at 11:15 AM by Gammalite

[Chief Stipe]

8 hours ago, Gammalite said:

Hope the idiot that has Sheila Laxon's MC percentage money gives it back . Some of it is Mr Symon's as well ? so is he stealing from 2 people for some reason? was Mr Symon's careless where he wanted his payments to go as well.?  what about other races percentages leading up to the Melbourne Cup ? where did they go I wonder 🤔 

Perhaps Racing Victoria should change their processes.  On large sums like the MC % when won by someone who isn’t regularly receiving stakes payments get on the phone and double check?  BEFORE transferring $500k!

[Chief Stipe]

There is a rumour circulating that the money went to a joint business account with some business relationship to the standing of Bel Esprit which was owned by Laxon's partner Symon's.  

I find it difficult to imagine that there was any money owing given Bel Esprit stood at Eliza Park/Widden for 19 years and was stood down in 2022.

[Special Agent]

It's not a good look.  You'd think this could have been sorted by the industry equivalent of our Racecourse Inspectors.  I don't know any trainer who would not kick up a fuss for not receiving their dues, let alone the Melbourne Cup percentage.

[Trojan]

10 minutes ago, Special Agent said:

It's not a good look.  You'd think this could have been sorted by the industry equivalent of our Racecourse Inspectors.  I don't know any trainer who would not kick up a fuss for not receiving their dues, let alone the Melbourne Cup percentage.

Yeah but I'm sure the first thing you did was make sure they had your bank account number right!!  Before you went touring the country side with the Cup!!

[Special Agent]

Absolutely!!

[Chief Stipe]

Trainers Sheila Laxon and John Symons deny they owe $500,000 to company at the centre of Melbourne Cup prizemoney fight

www.theage.com.au

Trainers deny they owe $500,000 to company at the centre of Cup prizemoney fight

By Danny Russell and Sarah Danckert

February 7, 2025 — 3.19pm

Trainers John Symons and Sheila Laxon have denied owing more than half a million dollars to a collapsed company at the centre of their Melbourne Cup prizemoney dispute.

The trainers say they are, in fact, owed $26,000 in outstanding fees by Esprit Racing, the company they worked for as trainers from 2014 until 2023.

Esprit Racing was sent into liquidation this week, almost two months after the trainers’ $464,000 cut of last year’s Melbourne Cup prizemoney was paid into the company’s account by Racing Victoria.

Symons and Laxon have launched legal action against Racing Victoria in a bid to recover the money. Racing Victoria maintains it paid the prizemoney into an account registered with them for Laxon and Symons.

Documents filed with the Australian Securities and Investments Commission on Thursday by Esprit Racing’s sole director, Judith Sutcliffe, shows the company had only a few assets including a horse float, a Holden Camaro and equine therapy equipment at the time of its collapse.

One of the assets on the report is crossed out as though it were improperly entered. It appears to state: “Laxon & Symons horse” or “Laxon & Symons loan”. That now disclaimed asset was initially listed as being worth $569,875.

The report also shows in the section titled, “Money owed to the company”, that it is owed $569,875 for “advances”, though the names of who the advances were made to are redacted from the report.

The company also states it owes its creditors more than $1 million, with those creditors all redacted from the report by the liquidator.

Symons said they only trained for Esprit Racing and that the company bought horses - “specked them at the sales” - and then sold shares in them.

“They never advanced [us] anything,” Symons told this masthead on Friday.

“It’s bullshit. And the people that are in those horses are going to come forward and say that. Because they have paid [Esprit Racing] for those horses. It’s just rubbish.

“We could not have any interest in the company whatsoever, and we didn’t.”

Esprit Racing’s had one director, Judith Sutcliffe, from Tarneit at the time of its collapse, according to the company’s records filed with the corporate regulator.

According to the records, Sutcliffe is 82 and lives in a retirement home and has previously used the surname Kirby as well as Sutcliffe, according to Esprit’s company records filed with the corporate watchdog. This masthead was unable to contact her directly.

Before its liquidation, Esprit’s accountant was Michael Kirby, according to company records.

Symons said Judith Sutcliffe was Kirby’s mother.

Kirby declined to comment on Thursday, directing this masthead to Esprit’s liquidator.

“It’s got nothing to do with me, talk to the company,” he said.

This masthead asked Kirby specifically whether Judith Sutcliffe was his mother or another relative, and whether he knew how she had decided to appoint Jirsch Sutherland as a liquidator. He did not respond to those questions.

Kirby first became involved with Symons and Laxon as an associate in 2014.

The trainers were bankrupted after losing a Victorian Supreme Court civil case brought against them by former friends - Frank and Karen Butler and Glenn Fielding - over the ownership of horses in 2014.

After the trial, their company JSL Racing Pty Ltd - John and Sheila Laxon Racing - was taken over by JSL Racing (Australasia) which then became Esprit Racing, at the time owned 100 per cent by then director Michael Kirby.

Kirby also operated accountancy firm, XO Accounting Pty Ltd, with offices in Melbourne, Sydney and Auckland.

At the time, Kirby provided a personal “financial guarantee” for the trainers to be licensed in Victoria and later in Queensland on the condition they worked as employees of Esprit Racing “for training purposes only and will not be involved in the finance aspect of the business”.

Kirby and Symons bought last year’s Melbourne Cup winner Knight’s Choice for $85,000 at the 2021 Magic Millions Gold Coast Yearling Sale before selling the horse to current owners Cameron Bain and Richard and Kaye Waldron.

Symons said they parted ways with Esprit Racing two years ago because they alleged that the company was not paying staff and the trainers “were getting a bad name because of it”.

“He put his mother in there [the company], that’s why we ran away,” Symons said.

“[He] put that the company was registered at 1 Dicky Beach, Sunshine Coast -we rented that house some six years ago.

“We did a deal to walk away from the company because he had a heap of horses, so we said we would do 12 months training for him for nothing … and then we are walking.

“There’s not one bit of correspondence that he could show that we owe him any money. It’s the opposite. He owes us.”

Soon after the split, Symons and Laxon registered their new business name, Symons-Laxon Racing, with Racing Queensland. They expected that account to be automatically updated with Racing Victoria through the Racing Australia database.

When asked why they were not taking legal action against Esprit Racing, Symons said: “Because we didn’t put the money in his bank.”

Esprit Racing appointed liquidators from advisory firm Jirsch Sutherland on February 4.

A spokesperson for the liquidator Malcolm Howell said: “Malcolm’s investigations are just commencing, given it’s still early in the appointment (he was appointed on Tuesday 4th), and letters are being sent out to gather more information.

“At this stage Malcolm has only spoken to the director, Judith,” the spokesperson said.

[curious]

They might have a case against RV here given they are licensed by Racing Queensland and the correct account was registered there?