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Groundhog day for dwadvisory.com.au, liquidators of 4 Bonny Glen companies + Caernarvon Cherry Pty Ltd class action update

Orange, 18 December 2019 (day 147)

Welcome to Day 147 since the Bonny Glen auctions where Bernard Hall seemingly purchased $8.2m of land from Bonny Glen liquidator’s dwadvisory.com.au.

Or so it seemed:

Bernard Hall - when $8m means $4m
Bernard Hall – when $8m means $4m
But all was apparently not as it seemed?

As we’ve been reporting via this blog – for the last 147 days – the so called purchasers of $8.2m of property have failed to pay the balance of around $7.4m to the liquidators of the 4 Bonny Glen companies who auctioned those properties *.

And for 147 long days, the creditors of those companies (in liquidation), in particular the long-suffering business partner and brother of Bernard Hall (i.e. Tim Hall) must have felt like our poor Groundhog Day character.

So yesterday, just like the previous 146 days, we woke up and wondered if we’d be getting a new neighbour soon (Bernard is presently an adjoining landowner)? You may call this Groundhog Day?
A good question?

In case you don’t remember the movie Groundhog Day, here is the trailer for a laugh:

Anyway, the update for class action claimants is this: 

As at this morning – just like the previous 147 days, we all woke up and wondered if we’d be getting a new neighbour (Bernard is presently an adjoining landowner)? 

We all wondered for Bernard‘s brother and creditor Tim whether Bernard‘s company was ‘for real’.  

Bona fide.  

And yesterday, just like those 147 other previous days, still Bernard has not found the balance of $8.2m? 

This must be embarrassing?

In closing, if you are interested in joining our class-action against Bernard‘s company Caernarvon Cherry Pty Ltd (and you think this is a sign that Bernard‘s company is weak) then please complete the form here:  

https://www.dcpartners.solutions/2019/07/caernarvon-class-action/ 

or call us on 1300-327123 to discuss the nature of your exposure to the proposed Defendants. 

Alternatively if you’d like to make an appointment to see Mark in Orange over Christmas to early New Year period, in Orange, please click this link: 

Book appointment

Thanks for your interest, have a safe and Happy Christmas. 
 
Yours faithfully,
Mark Smith, Director
DCP Litigation Holdings Pty Ltd
 
call 1300-327123 (till late)
 
* search records as at 17 December and 19 December 2019.
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Bernard Hall – companies in liquidation

Bernard Francis Hall

Company director Bernard Francis Hall has 4 companies now in liquidation.

These companies include:

All 4 companies have DW Advisory as liquidator.

Particulars of the liquidations, including the first report to creditors can be located on DW Advisory’s website here.

Despite having been appointed almost 2 months ago, DW Advisory has not realised 90% by value of the sale of the Bonny Glen partnership properties (according to title searches of 14 November 2019) auctioned in Orange on 24 July 2019.

We understand some of Bernard’s remaining companies continue to rent properties from the liquidator despite having contracts that required them to complete the sales in September 2019 – 2 months ago – still incomplete?  An inspection of the title’s of the subject properties in the hands of the liquidator’s states:

“NO CERTIFICATE OF TITLE HAS ISSUED FOR THE CURRENT EDITION OF THIS FOLIO.  CONTROL OF THE RIGHT TO DEAL IS HELD BY WESTPAC BANKING CORPORATION.”  

We further understand there is an allegation that the liquidator has failed to collect 1 or more years rent from Bernard’s lessee company?  Whilst there may be sound business reason for not collecting this rent from Bernard’s company (?), DCP sincerely hope the interests of all creditors (not just interests associated with Bernard Hall) are being protected by DW Advisory in their trusted role as liquidator?  We understand complaints have been made about aspects of the liquidator’s conduct to date to bodies including ASIC and other regulators?

Below is a partial overview of the Hall families business structure.

Hall family tree of businesses
Hall family tree of businesses

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.

Correct as at 14 November 2019.

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Caernarvon Cherry Pty Ltd / cherry growers of Orange class action and litigation further update from DCP Litigation Holdings Pty Ltd

Fiona Hall packing her bags

Thursday 14 November 2019, 5.50pm

Dear potential claimant,

Further to our class action potential claimants newsletter of late last week, we can now advise the following (also see our video) that, according to the attached title searches:

The identity of the purchaser, seemingly being a superfund, suggests the purchases were not intended to be debt financed – super funds find it difficult to borrow funds even mortgages.

The failure of Bernard Hall’s trustee company to purchase those properties, after some 115 days being available to them to raise finances, which it was contracted to purchase suggests things are not good in the Hall camp ….

With:

  • 4 related companies in liquidation,
  • a litigation war between Bernard and his family,
  • the failure to complete 4 out of 5 contracts* (with a $740,000 deposit seemingly at risk),
  • with a litigant seeking a judgment in the sum of around $620,000 and
  • other unknown issues under the surface,

suppliers and customers of Bernard’s company Caernarvon Cherry Pty Ltd, perhaps justifiably, may well have concerns about whether Caernarvon really is a going concern and long-term partner?

More detailed analysis will follow re what the above means (or may mean) to proposed class action participants.

More detailed information on the Hall’s is available on our webpages:

If you are interested in our class-action please complete the form here:  https://www.dcpartners.solutions/2019/07/caernarvon-class-action/ and complete the participants form or call us to discuss the nature of your exposure to the proposed defendants.
Yours faithfully,
call 1300-327123 (till late)
* records as at 4.53pm, 14 November 2019.
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Fiona Hall (packing her bags) – profile

Fiona Hall packing her bags

How does someone become a Nuffield Scholar?

 

… Get your bestie to write the application?  Well that was Fiona Hall’s idea.

First, in mid 2014 she enquired with me whether I’d write the application for her (I didn’t and I am not her bestie).

Shortly thereafter the application was written by Mr Andrew Borrodell Gartrell (at the time a friend), the rest is history.  To see Fiona’s email to me click here, to see Fiona’s email to Gartrell click here.

Fiona, wife of Bernard, is not a director of any of the Bonny Glen companies and held no direct financial interest in those properties.

Fiona however is a joint shareholder and director of Caernarvon Cherry Pty Ltd and other related companies.

As at 8 November 2019, she does not own any direct interest in the Caernarvon homestead, Caernarvon orchard or Caernarvon shed.

Below is parts of the Hall’s family business structure and landholdings.

Hall family tree of businesses
Hall family tree of businesses

 

 

 

 

 

 

 

 

 

 

Below is Fiona’s speech at the Nuffield Australia National Conference 2016 via Youtube.

Here Fiona ‘champions’ access for growers to data.

It will be interesting to see Fiona’s approach and response to subpoenas – should they be issued – in the proposed class action by cherry growers.

 

Another video interview by Fiona discussing the need for farm profitability.  Caernarvon is well known as having delivered ‘bills’ to fruit growers who sent their fruit to Caernarvon to be packed and sold, i.e. the net return to the grower was negative after deducting Caernarvon’s packing and marketing costs and the fruit ‘sold’.  It is unclear whether Caernarvon has at all times complied with the Horticultural Code of Conduct?

 

 

 

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.

 

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Bernard Hall – updated profile

Bernard Francis Hall

Bernard Hall splashes out $8.2m (but fails to complete) – and as at 14 November 2019 – his companies still had only completed 1 of 5 purchases … 90% of the purchase prices still remains unpaid.  Moreover, 4 of Bernard’s companies are now in liquidation, yet despite this the liquidators seem in no hurry to, well, liquidate those 4 companies or their millions of dollars of real estate.

It seems a key assumption by Bernard Hall may be in error.  Bernard is quoted by the Central Western Daily as indicating a belief that he only needed to find the ‘other half’ of the equity he didn’t presently own in the Bonny Glen properties.

Bernard Hall - when $8m means $4m
Bernard Hall – when $8m means $4m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

More than 106 days after the auction (as at 8 November 2019), Bernard and his company’s have failed to complete the purchase of 4 of the 5 Bonny Glen properties he bid to purchase at a cost of $8.15m.

In early November 2019, a notice to complete under those 4 incomplete contracts has been issued upon Bernard Hall making completion, at a final price of about $7.4m, time being of the essence, essential by the close of business on 14 November 2019.  As at the close of business on that day (yesterday), Bernard’s purchasing companies had failed to complete.

Bernard, husband of Fiona, is a director of the Bonny Glen companies (in liquidation) and holds a direct financial interest in those properties.

Despite this, it is believed that Bernard cannot simply transfer those interests to the purchasing vehicles, he had to complete the purchase contracts (it is believed) hence the notices to complete.

It would appear from Bernard’s quotes (see article above) he believed he could merely just pay a top up sum to buy out his brother and parents from the properties?  Did his Nuffield Scholar wife also hold this belief?

Bernard (with Fiona) is a joint shareholder and director of Caernarvon Cherry Pty Ltd and other related companies.

The family tree of the Bonny Glen and Hall family/s is below:

Hall family tree of businesses
Hall family tree of businesses

 

 

 

 

 

 

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents using our instant chat, the below form or by phone on 1300-327123.

 

 

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Caernarvon Cherry Pty Ltd – profile

Biteroit - Caernarvon Cherry

Caernarvon Cherry Pty Ltd is ACN 111 047 191 (“Caernarvon”).

Caernarvon is essentially a fruit packer and marketer.

It does not own any real property (none known to DCP) but is the source of its proprietor’s (Bernard & Fiona Hall) cashflow.

Caernarvon, much to the distress of Bernard’s former partner in Bonny Glen, Tim Hall, holds a supply agreement for apples to Woolworths, yet Tim had no financial interest in Caernarvon.

Caernarvon, was able, at least theoretically, to take a clip of Bonny Glen’s (Tim & Bernard’s) apple sales to Woolworths without having to compensate Tim.  Perhaps this was a source of angst between the brothers and led to the dissolution of their business partnership?

Caernarvon is a marketer and packer of cherries.  To the best knowledge of DCP, its assets include a Cherry Grader purchased in 2013, additional lanes added in 2014 and virtually nothing else (according to the PPSR register).  As the packer and marketer of cherries, it is expected that it will be argued that Caernarvon is in effect a merchant within the terms of the Horticultural Code of Conduct (“the code”).  As such, the code requires Caernarvon to have Horticultural Produce Agreements (“HPA”), in writing, with every fruit grower it deals with.  DCP has spoken to multiple fruit growers and is yet to meet a single fruit grower that has received from Caernarvon a HPA which the code says is mandatory.  This could be a problem for Caernarvon in the class-action if it proceeds.

It is unknown whether this company was the purchaser of the former Bonny Glen apple grader believed to have been sold by the liquidators (of Bonny Glen).  A recent search of the PPSR register of Caernarvon does not reveal any PPSR charge on the apple grader.

Its directors are:

Bernard is the son of Fred & Pam Hall, formerly of the Bonny Glen orchard, Orange ; the husband of Fiona Catherine Hall ; and, the brother of Timothy Simon Hall.

A more detailed profile of the Hall family can be found: Hall family page – click here.

Caernarvon’s registered address is 65 Hill Street, Orange – the offices of its accountants PMW Plus.

Its present place of business is 474 Canobolas Rd, Orange NSW 2800*.

Caernarvon’s bankers appear to be Westpac Bank who at least at present hold mortgages over a number of the Bonny Glen properties and have a security interest in Caernarvon’s cherry grader.

Present known cases against Caernarvon Cherry

 

DCPLH is currently undertaking a statement of claim (as at 6 November 2019) in pursuit of an alleged debt owed by Caernarvon Cherry Pty Ltd to it, as assignee.  DCPLH has filed this statement of claim in late September 2019 with a defence due by the defendants who have sought extra time to file on or before the end of November 2019.

DCPLH is also assisting a group of local fruit growers from the Orange District of NSW with preparations for a class-action against Caernarvon.  To view our class-action page – click here.

Other links

 

DCPLH v Caernarvon civil claim page – click here.

DCPLH v Caernarvon proposed class-action claim page – click here.

In the matter of Bonny Glen Fruits litigation page – click here.

To view our main Hall family page – click here.

To view our main Hall family property page – click here.

Contacting us with or for more info

 

To discuss this or any other Caernarvon matter – please complete the below form, call us 7 days till late on 1300-327123 or use one of the instant chat icons in the bottom corners of this page to chat with us now, 7 days till late.

 

 

* it is understood that the liquidators of Bonny Glen have issued a notice to complete on the purchase/s of land from the auctions of 24 July 2019 by close of business on 14 November 2019, time being of the essence.  Unless Bernard completes the purchase of the Caernarvon Shed, it would appear that Caernarvon may not have a going concern business or may require to relocate to other non purpose built facilities?

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Bernard & Fiona Hall – property holdings

Hall family tree of businesses

Bernard & Fiona Hall, directly or indirectly (as at 8 November 2019) have interests in the following properties (subject to change).

At auction in Orange on 24 July 2019, Bernard Hall bid to purchase all 5 of the above properties.

Bernard has thus far (as at 8 November 2019) only completed the purchase of Brooklyn with a further $7.35m outstanding to purchase the above excluding Brooklyn.

Subject to orders of the NSW Supreme Court, these properties are in the process of being sold.

It is understood that a notice to complete has been served upon Bernard requiring him or his purchasing entities to complete the settlement of the 4 remaining properties by the close of business on 14 November 2019.  The possible ramifications of failing to complete are discussed here.

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.

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Hall family overview – Bernard & Fiona and Bonny Glen Fruits Pty Ltd.

Hall family tree of businesses

Below is an overview of the corporate structure of the Hall family, being the family of Frederick Charles Hall & Pamela Therese Hall.

The Hall’s also own a range of properties discussed here on a related page – click here.

Relevant members of the Hall family for the purposes of this profile are:

Frederick Charles Hall – father

Pamela Therese Hall – mother

Bernard Francis Hall & Fiona Catherine Hall – son and daughter in law

Timothy Simon Hall – brother of Bernard (but not relevant to the class action as a defendant).

Hall family tree of businesses
Hall family tree of businesses

 

 

 

If you have any comments or information about Bernard & Fiona Hall, we’d love to hear from you including any documents via the instant chats below, through the below form or by phone on 1300-327123.

 

 

 

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Hakan Kutup charged with fraud and forgery, appears in court

Hakan Kutup

Hakan Kutup, a former Century 21 real estate agent appeared yesterday in the Wollongong Local Court.  Hakan, of 24 Stradbroke St, Shell Cove, has been the subject of other posts here on this website.  Hakan appeared in court charged in relation to 27 counts involving fraud, forgeries or conversion of money but we understand this number may increase?

How was Hakan Kutup able to carry out alleged crimes?

 

Mark Smith, Director of DC Partners was engaged after the alleged frauds were discovered by the victim, a local funds manager in Sydney.

Mark is the person who reported the matters to NSW Police and NSW Fairtrading.

Mark believe’s that NSW Fairtrading may have been negligent and is co-ordinating a class-action for potential victims of Hakan Kutup.  Class-action participants could include victims of Hakan’s company formerly Century 21 Ultimate Real Estate in Wollongong.

Mark alleges NSW Fairtrading knew or ought to have known about complaints about Hakan Kutup stretching back perhaps more than a decade and failed to investigate.

Mark is organising for those who are interested in joining a class action against the NSW Fairtrading and invites anyone who has lost money – no matter how small to complete the form below.

Interestingly, the Illawarra Mercury / Daily Telegraph hint at potentially more charges against the Kutup family.  It is thought these may relate to the operations of a sales trust by Hakan Kutup?  These publications quote the court that there was uncovered “misappropriated funds” in the sum of $220,515 from a Sales Trust account.

DC Partners is keen to talk to or help any persons that have had negative dealings with the Kutup family now matter how old or recently – please complete our contact form below (joining the class action is optional):

 

NSW Fairtrading class action

join

 

Who is Hakan Kutup?

 

Hakan is:

  • the father of Jeyda Kutup (an estate agent and purported Instagram influencer in the Wollongong area),
  • brother of Allan Kutup (a presently still licensed real estate agent in the Wollongong area) and
  • uncle to Eren Kutup.

Eren and Allan are directors of EK Property Group Pty Ltd, a seemingly unlicensed real estate agent (??? more to come on this front shortly – watch this space) and mortgage broker also operating in the Wollongong area.

Receivers have recently been appointed to EK Property Group over the sum of $600k said to be owed to the above Sydney based money lender (presently before the Sydney District Court, Civil division).  Eren & Jeyda are also personally being sued by the money lender.

 

If readers have other information on the Kutup’s please feel free to complete the below form or email any tips to:  mark@markjsmith.com  or call  1300-327123 (7 days till late).

6 November 2019

 

Eren Kutup
Hakan Kutup, source: Adam McLean, Illawarra Mercury
Allan Orhan Kutup
Allan Orhan Kutup
Eren Kutup
Allan Orhan Kutup
Hakan Kutup
Eren Kutup
Eren Kutup
Eren Kutup
Eren Kutup
Eren Kutup
Eren Kutup
Eren Kutup

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Hakan Kutup arrested, what next?

Hakan Kutup

Arrest

DC Partners has been assisting the victim of a crime for some months.

As reported, on 6 September 2019, Hakan KUTUP (“Hakan“) attended Lake Illawarra Police Station.  Hakan participated in an interview and was charged with:

  • 12 x Fraud,
  • 12 x Forgery,
  • 3 x Fraudulent conversion of money.

Hakan was granted strict conditional bail and will appear at Wollongong Local Court on 5 November 2019.

For other victims

DC Partners wishes to encourage anyone who has been a victim of a crime to report these immediately to NSW Police.  Specifically locals in the Illawarra should contact Lake Illawarra Police and detectives at 6 Pioneer Drive, Oak Flats 2529.

But, in addition, DC Partners are separately keen to hear from anyone who may have had past dealings with:

  1. Hakan during his time with ParkTrent Properties (aka Rotten Ron Cross),
  2. Century 21,
  3. Century 21 Ultimate Real Estate or elsewhere.

The previous dealings could be involving persons who have:

  1. not had rental bond’s deposited correctly,
  2. had suspicious charges added that they were not expecting,
  3. made previous complaints to NSW Fairtrading,
  4. received late rental payments,
  5. received no rental payments,
  6. not received rental bonds back at the end of a tenancy or otherwise.

No amount too big or too small.

Hakan’s family in property

Similarly, anyone with any similar experiences when dealing with relatives of Hakan KUTUP may also be of interest?  Other relatives of Hakan Kutup seemingly involved in property include:

Other remedies

DCP Litigation acknowledges the glacial speed NSW Fairtrading seems to work at?  We are considering helping a number of victims to pursue claims.  This may involve a class action against NSW Fairtrading.  We are also helping clients claim against the government’s Fidelity Fund or via the court’s.

In this regard, we are considering a class action for victims of Hakan Kutup perhaps against NSW Fairtrading?

Please complete the contact form to register an interest in joining the class action.  A class action requires a minimum of 7 claimants with the same loss against a common defendant.

NSW Fairtrading class action

join