"I did not find Mr Rogers or Mr Psereckis witnesses of truth and found their evidence about the 2007 boat swap deal inherently implausible and not credible. The conclusion that Mr Rogers or Mr Psereckis were not witnesses of truth is reached having regard to the totality of the evidence and the absence of contemporaneous objective evidence supporting their versions of events.
Mr Rogers was shown not to be candid to the Board of MHM or candid in his evidence to the Court. Mr Roger’s email to the MHM Board on 6 June 2008 was misleading. He knew at the time he sent it to the Board that he had signed a contract on behalf of MHM for the supply and refit of the Ocean Voyager. He did not disclose that fact to the Board. He did not disclose that he had already signed the contract, or that the first payment had been made, nor that the boat in question was the Ocean Voyager and that his family trust had owned the Ocean Voyager. Nor did he disclose that Rogers Engineering was to do the refit, which as I have found, he knew at the time the TAC contract was signed would be the case. Furthermore, he did not disclose that he, on behalf of the trust, and Rogers Engineering had indemnified Mr Jones and TAC against any action by MHM in relation to the supply and refit of the Ocean Voyager under the TAC contract. These are matters that go to his credit. Mr Rogers’ explanation as to why he did not inform the Board about that indemnity was self-serving and contrived and generally, I found the explanations provided by Mr Rogers in response to questions in cross-examination entirely unconvincing and unpersuasive....."
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