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Friday, December 20, 2024

The Year of Brilliant Jerks: Rear Window’s year in review

 

The CEO of YSC Consulting offers a more holistic way to deal with colleagues who succeed despite treating others badly.


The Year of Brilliant Jerks: Rear Window’s year in review

Trump, Ellison, White, Adgemis, Gupta and that Rinehart portrait. For Rear Window, the end of shame and pretense added up to a ripping year of stories.

Myriam Robin and Mark Di Stefano

Dec 20, 2024 

Whatever you think of guard rails, they’re supposed to keep us safe. But what’s the point if the man soon to occupy the most powerful office in the world (for a second time) has been credibly accused of sexual abuse and is a convicted felon? If the rule you followed brought you to this, Cormac McCarthy once wrote, of what use was the rule?

Donald Trump’s re-ascendancy is the story of the year, and closes the book on what already feels a faded era. One where political and business figures nodded towards a consensus, and avoiding shame was a powerful motivator. Where investors convinced us to sacrifice returns for lofty social goals, and shareholders shared primacy with stakeholders.


Gruesome twosome: Will Gina Rinehart be Musk to Dutton’s Trump?  David Rowe

Boring! As 2024 closes, the world’s power centre is a tasteless champagne-soaked party in a gold-lined Mar a Lago ballroom. Gina Rinehart and Anthony Pratt are fully fledged presidential hangers-on. Rinehart’s lieutenant Teena McQueen is doing the YMCA with Javier Milei. Elon Musk on a prescription high in a corner scanning (Twitter) X after pouring billions into politics. Will Gina be to Peter Dutton what Elon is to Trump (minus the ketamine)? If you don’t think so, you haven’t been paying attention.

The vibe shift hasn’t completed its Pacific journey. But its getting there. In November, AirTree’s chief VC Craig Blair was asked to reflect on badly behaving CEOs. Blair said “all founders are problematic” and “they are deeply flawed characters” but “that’s what makes them special”.

Blair’s sin was saying the quiet part out loud. Naturally, Blair rushed off to LinkedIn’s chino squad eco-chamber to correct himself, saying he didn’t mean that “we accept or tolerate brilliant jerks”.

But so many do.

Mineral Resources founder and CEO Chris Ellison had a tough year. David Rowe

What’s mined is mine

Consider Chris Ellison, the Mineral Resources tax cheat we dubbed the Dark Lord of Dunedin. Catching our interest initially was the man’s spluttering at working-from-home employers and flight radar movements showing his catching a private chopper to his Osborne Park office.

Then our retiring colleague Neil Chenoweth blew open the offshore tax scheme Ellison and his buddies were operating out of the British Virgin Islands. MinRes had called in Herbert Smith Freehills in 2022 to look at unseemly allegations flagged by a whistleblower. But only after this newspaper began standing them up did Ellison’s cloak slip. Not that he was even here when things went south. He was taking selfies at an LA Dodgers game.

Still, plenty of backers hope he can dig in. L1 Capital’s Raphael Lamm put on a masterclass in moral hazard, suggesting nothing he’d read made him reconsider his fandom. Breaking Ellison’s spell might be easier said than done. After all, Double Bay’s favourite family office TDM Partners insists he’s literally magic!

To give them due, TDM’s Tom Cowan might be the only finance bro left in Australia who knows how to pull off an IPO. His fund is the largest shareholder of Guzman y Gomez whose float in June was the rarest of bright spots for another historically crap ASX pipeline. GyG is now a $4.3 billion Mexican restaurant chain run by an American in Steven Marks, kept buoyant by index-hugging Australian super funds. Another victory for multiculturalism.

Even with its bold accounting chicanery (like excluding rent costs from enterprise value) the burrito rocket soared. Barrenjoey’s co-founders Matthew Grounds and Guy Fowler (and other staffers) are strapped in. And they, like TDM, have escrow arrangements unwinding in 2025.

WiseTech co-founder Richard White will move to a “founding CEO” role. David Rowe

Accounting for libido

But look: some charismatic founders come with too much jerk. WiseTech’s high-margin software logistics business was humming before revelations that guitar-loving co-founder Richard White was a rolled-gold creep. His sex-for-investment scheming under the cringeworthy nom de plum Rick LeBlanc grabbed headlines for weeks. One report claimed he showed up to a former lover’s house armed with a bouquet of flowers with a sex toy hidden inside. The LinkedIn Lecher Dozen – 12 roses, and one special surprise.

This all as White got married to former mob lawyer Zena Nasser. With new baby boy in tow, he then came up with a circuit-breaker. He’d get his salary and keep reporting to the board – Wisetech’s eternal God-king – but not bother being CEO any more. Any dispute with the new and unappointed CEO? The board will adjudicate, and remember, White is the largest shareholder, so they work mostly for him. He’s even more dominant after WiseTech’s other co-founder Maree Isaacs sold all her stock back to her former lover (on terms that mean she has a $1 billion loan hanging over his head).

The saga also weighed on the Tech Council, the peak body for the sector, where White sat on the board. We revealed that one person who lost out to White for the seat was AirTrunk’s Robin Khuda. What a year he had! Khuda convinced Blackstone his data centre business was worth $24 billion. He was named co-winner of the Financial Review’s Business Person of the Year. He was also sent a letter by the tax authorities after our column raised questions about his “naughty” raiding of his superannuation money to service payroll.

Robin Khuda says you don’t want directors only focused on compliance. David Rowe

But back to the Tech Council, the “billionaires lunch club” that could have had boy wonder and picked White instead. The whole outfit is led by Tesla chairwoman Robyn Denholm. In January, a Delaware Court judge kiboshed the eye-watering $US55.8 billion pay packet for Musk, while lashing Denholm’s “lackadaisical approach” to governance. Undeterred (Musk is brilliant have you heard, brilliant!), Denholm led the charge to get it re-approved. It made things worse. Last month the judge singled out Denholm for misleading investors in said vote briefing materials. Still, she ends the year as wealthy as she ever was, filing SEC forms to cash in millions of soaring Tesla stock options.

Poker face

A sense of exceptionalism pervaded the conduct of even highly lauded operators.

Consider Star, which spent much of the year self-combusting after falling out with the NSW casino regulator. Steve McCann was appointed to save the sinking ship. But first, and after his appointment in excruciating circumstances, he just had to jet off to London to tie up some loose ends.

A few weeks later, we revealed that McCann is already a secured creditor to the company he’s meant to save. That is, if all goes bust, he intends to secure every drop of his stupendous Star entitlements at the front of the creditor queue. Investors (and liquidators) had never seen anything like it. Like everything, it’s a story of leverage. McCann holds all the cards, so McCann gets what he wants. Will Star shareholders?

Star Entertainment CEO Steve McCann had all the bargaining power.  David Rowe

Of course, it was a crummy year for all the casinos. McCann had earlier managed to stabilise Crown Resorts but he did it by lumping the problem onto Blackstone, now on the hook as the embattled casino titan bleeds money and as its revenues fall to the low millions. Crown is under new leadership (again) as Blackstone looks for its own white knight. Private ownership hides many sins, but absent their proximity to crime, can Australia’s casinos even turn a profit?

Elsewhere on Sydney’s waterfront, green steel tycoon Sanjeev Gupta took a risk. It didn’t pan out.

With everyone from his native titleholders to his Whyalla drycleaners owed money by his GFG Alliance, he splurged on a $12 million Finger Wharf apartment, and thanks to us, didn’t manage to keep it quiet. Even his $10 million renovation of another property was made public, approved by a Sydney court in this year’s dying days.

Meanwhile, the sharks keep circling. Like at Jon Adgemis′ pubs empire, whose eye-watering interest payments were first revealed by this column some 19 months ago. This was the year the creditors came home to roost. Adgemis’ yacht has been repossessed, his pubs are on the market (at foreclosure prices) while numerous litigations wind their way through the courts. By year’s end he’d even moved out of Point Piper’s iconic ‘Bang and Olufsen’ house, where he’d been living rent-free courtesy of Chinese textile tycoon Jerry Qiu Yafu.

Marvellous Melbourne

If flashy Adgemis’ unravelling had all the flavours of Sydney, in Melbourne, intrigue is kept behind locked doors. At the Melbourne Club, home of the city’s most blue-blooded elites, silk Allan Myers stormed out in a blaze of indignation. This was in March, after Myers’ friend and Malaysian-born property developer and philanthropist Jason Yeap had his nomination quietly withdrawn.

Myers, perhaps the most patrician man in Melbourne, wrote to all his close associates saying he wouldn’t be part of an institution that discriminates on race. Other Melbourne Club members insisted they didn’t. But Myers is out, and Yeap was never in.

In multiple other Melbourne establishments, contested elections for office-bearer positions were held for the first time in living memory. Members scoffed into their scotches when not conducting what one candidate dubbed their “ungentlemanly whispering campaigns”. Meanwhile in Sydney, someone leaked us a whole membership list of the Australian Club, the nation’s most rarefied of such institutions. Want to know what links members of the clergy to leading businessmen to military generals to conservative politicians? The list is searchable: knock yourself out.

Richard Goyder was a late departure from Qantas, will he try to hold on at the AFL.  David Rowe

Elsewhere, the country’s bruised and battered consultant class did everything they could to stay out of the headlines. Ex-PwC chief Luke Sayers′ explanations got called “implausible” by a parliamentary inquiry, but he’s fine, now even discussed as a possibility to eventually replace Richard Goyder as chairman of the AFL’s commission.

That is, if the ex-Qantas chairman ever leaves. We revealed how talk of the AFL’s Olympic Room was how Goyder was gearing up for another crack at re-election. That’s after he spent the last few months atop Qantas trying to overcome the mess he oversaw, including through the release of a damning board governance review. He’s out now and Qantas is striking a humbler tone. Though it, and a book by erstwhile columnist Joe Aston, still managed to land Anthony Albanese in a world of pain over his free flight upgrades.

At the AFL at least, Goyder did eventually appoint a new CEO, while his old one landed two jobs in the space of a week in June. Gil McLachlan went from administering the AFL to running struggling wagering company Tabcorp. He’s also working as a consultant for Crown-owner Blackstone, where his first cousin is incidentally chairman of the private equity division.

In the same month, PwC chief Kevin Burrowes told a 400-person Zoom call he was getting $1.2 million a year (not counting bonuses) from PwC global, presumably paid for his success in containing the scandal to these shores.

This was revealed after he told the Senate in February he was paid $2.4 million. He corrected it a few days later to $2.8 million, only for it to become $4 million once we added everything up months later. Whoops!

Not so super

Meanwhile, the CFMEU was brought to a forced administration by our colleagues and their reporting of corruption and criminality within its ranks. But institutions are more than their leaders. Can silk and long-time union barrister Mark Irving, tasked with fixing things as the federally appointed administrator, control a movement filled with thousands of members pushing in other directions?

This is most consequential in the governance of Cbus, the Wayne Swan-chaired $94 billion superannuation fund that had John Setka at its 40th birthday party and which appoints three directors from the CFMEU to its board. Irving had the CFMEU’s existing directors removed, only to reappoint one and then add union heavy and the head of Australia’s worst-performing fund in Paddy Crumlin to another vacant position by November.

Cbus chairman Wayne Swan. David Rowe

At least Stephen Jones stayed out of that mess. The financial services minister stakeholders love to hate, spent the year on a series of outlandish decisions. When not legislating lauded and consumer-friendly government policy like the digital data right, or dragging his feet on fixing the mess that left unaffiliated and long-suffering financial advisors on the hook for the collapse of Dixon Advisory, he filmed a video spruiking a superannuation fund forced out of standalone existence for its poor performance. Go figure.

Iron lady

In May, we broke news that Rinehart had been lobbying the National Gallery of Australia to remove an unflattering portrait of her painted by Vincent Namatjira. The NGA stood firm against pressure from Rinehart’s fiercest allies, even though its council was led by Ryan Stokes (son of another Rinehart ally in Kerry). If one ever needed evidence of the Streisand Effect, the portrait became a global viral hit and spiked in-person visits to the Canberra institution.

Strangeness continues to follow the iron magnate. She’s in a proxy fashion fight with rival and eco-messiah Twiggy Forrest. It involves converting conservatives to her Rossi boot brand away from his RM Williams.

Gina Rinehart’s protestations just triggered the Streisand Effect.  David Rowe

Having that much money can do more than make people buy a new boot. In March, we were in a state of disbelief to learn Peter Dutton had secretly flown to Perth to attend Rinehart’s 70th birthday party. It wasn’t just he’d scooted west for less than an hour at the event, but that it came less than 48 hours before the crucial Dunkley by-election in Melbourne. The Liberal party lost, but what did Dutton gain? A few months later, Rinehart was hosting an expensive political fundraiser for the aspirant prime minister at her Brisbane home.

So bring on 2025, and a federal election year. One which could see Australians turf out their first one-term government since 1931. And the country’s richest citizen pumping money into an election to help her sponsor get the keys of power? You wouldn’t read about it.