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Westpac v Ollis: Unraveling the Complicated Legal Battle - when

Picture of Mark Smith Mark Smith : 18 January 2021 9:32:06 AM

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Date	Event
2 October 2000	Terms & Conditions of Westpac Business account published, pages 17-18 dealing with overdrawing by cheques, will be treated as application for credit. Terms & Conditions of Westpac Personal accounts published. Smith was without notice to this matter until late 2014 & late 2016 respectively.
13 October 2000	Ollis opens his personal deeming account with Westpac Ballina branch, account 732591-541135^[1] (“the personal deeming account”) with Westpac Ballina officer Karen Booth.
1 February 2002	Terms & Conditions of Westpac Business account published.^[2] Smith was without notice to this matter until late 2014/2016.
18 March 2002	Ollis opens account 032523-180123 with Westpac Gosford branch receiving and agreeing to T&Cs received (“the business cheque account”). Sarah Rodgers advises NSWP on 11 Sep 06 that Ollis received the T&C’s.
18 July 2002	Terms & Conditions of Westpac Business account published.^[3] Smith was without notice to this matter until late 2014/2016.
1 March 2003	Terms & Conditions of Westpac Business account published.^[4] Smith was without notice to this matter until late 2014/2016.
1 May 2003	Terms & Conditions of Westpac Business account published^[5]. Smith was without notice to this matter until late 2014/2016.
19 August 2003	Ollis executes Westpac ATR form at Gosford Branch, including sections 4 and 5. Form states that it is required to be sent the Ballina Branch at which the replenishing personal account is domiciled. Accordingly, Ballina Branch is on notice from 19 Aug 03 that any shortfall in the balance in the (Gosford) business account would be attempted to be drawn against the personal account at the end of each relevant banking day. The Claimant was without notice of this document and its terms until late 2014, believing as advised that Ollis was not authorized to overdraw his account.
20 August 2003	Westpac Concord West Data Processing Centre, BSB 032890 (staff member unknown but not staff member F139439) attempts to contact Sarah Rodgers of Westpac Gosford Branch. Records on page 2 of ATR form “Sarah not in 20/8”
21 August 2003	No evidence of the ATR document being received at Ballina nor any material differences in the documents as later amended by BSB 032890.
21 August 2003 (At 2.32 p.m)	Westpac Concord West Data Processing Centre, BSB 032890 (likely staff member F139439) tamper with the Authority to make replenishment or automatic transfer. Staff member amends sections 4 and 5 of the form with the letter X and a large circle. A staff member (likely F139439) unilaterally completes section 6 of the form establishing the ATR. Staff member F139439 then processes Batch Data Entry number 28900636. Westpac’s Helen Patrice Nelson swears affidavit on 19 July 2013 that: “I note that each line item on pages 6 and 7relates to an accurate data entry made from the application form. ”Smith was without notice to this matter until 2017.
1 October 2003	Terms & Conditions of Westpac Business account published. Smith was without notice to this matter until late 2016.
1 October 2003	Banking Services Guide published by Westpac to govern the operation of the ATR. Smith was without notice to this matter until late 2016.
1 October 2003	Banking Services Guide states that transactions will not be posted to the replenishment account held in a different branch until the next day, inferring that double-entry accounting is not intended to extend to ATR accounts, indicative of a design error? Smith was without notice to this matter until late 2014.
3 November 2003	Ollis’ personal deeming account is overdrawn by ($12.08) due to the operation of the ATR. The ATR operation, whether designed to or not, permitted the transfer from the personal deeming account to the business cheque account of, it would appear, the debit value (overdrawn balance) of the business cheque account. Smith was without notice to this matter until late 2014.
1 November 2003	Terms & Conditions of Westpac Business account published.Smith was without notice to this matter until late 2016.
11 November 2003	Ollis’ personal deeming account is overdrawn by ($1137.49) due to the operation of the ATR. Smith was without notice to this matter until late 2014.
9 February 2004	Terms & Conditions of Westpac Business account published.Smith was without notice to this matter until late 2016.
17 February 2004	Ollis presents demand/cheque from Business Account 180123 to Westpac as drawee bank who honour it from his personal deeming account despite it lacking funds, causing personal deeming account 541135 to overdraw by $36,536.29 following the operation of the ATR facility. Inference – the ATR Facility is faulty and has no limit on the quantum of funds that will replenish the Business Cheque Account, i.e. not limited to the credit balance of the Personal Deeming Account. Moreover, Westpac failed to follow prudent or normal banking practices. Westpac treats cheque as an application for credit, applying variable interest charges.
03 March 2004 (11.13 am)	Westpac Collection enter note acknowledging transfer of funds from Personal Deeming account to Business Cheque account “…on 19/2 o/drew acc”.
11 March 2004	Westpac sent Ollis a letter L1750 re account 541135 saying: “…future withdrawals that create an unapproved overdraft may not be honoured.” Bank told the court that withdrawals “forbidden”. Smith was without notice to this letter until late 2014.
16 March 2004	Mark Smith received Ernst & Young taxation and structuring advice.
16 March 2004 (2.10 pm)	Westpac agrees to provide Ollis with a schedule for repayments at $1,000 per week.
20 March 2004 (10.50 am)	Westpac collections staff member (ID F018624) changed the status of personal deeming account from (normal) “NOR” to (post-credits only) “PCO”. A tracing report seems to show no before or after the status change to the no further debits “NFD”. This status warrants further investigation. Westpac admitted: “proper practice at that point would have been to cancel or suspend the ATR” Accordingly, the human failure to follow the procedure to cancel the ATR facility caused the system errors which permitted Ollis’ account to be replenished from the Ballina Branch unposted items (UPI) suspense account. The further failure of Westpac corrections to investigate lead to the continued replenishments. Mazzone comments re: the automatic nature and timing of double entries contradict Witheridge’s and the Banking Services Guide. Smith was without notice to this matter until late 2016.
25 March 2004	Westpac send Ollis letter L2250 re account 541135 repeating that: “…future withdrawals that create an unapproved overdraft may not be honoured.” Bank told court that withdrawals “forbidden”. Smith was without notice to this letter until late 2014.
21 May 2004	Smith executes Ernst & Young valuation letter of engagement.
18 June 2004	Smith receives Ernst & Young Independent Valuation Report valuing project lands at $82,885,636 discounted to June 2006 at circa $52,000,000
29 November 2004	Terms & Conditions of Westpac Business account published. Smith was without notice to this matter until late 2016.
December 2004	Westpac document ref. GD5377 entitled “What is an ATR?” (For retail and business customers) is published.
6 May 2005 – 23 December 2005	Between 6 May 2005 to 23 December 2005, Ollis presents a series of unconditional orders in writing to his drawee bank (Westpac), duly signed and demanding that Westpac pay to several drawer institutions including its own Westpac accounts, Commonwealth Bank and Bendigo Bank a series certain sums from his business cheque account 180123. As a result, the drawee bank (Westpac) in each instance honoured the demand and caused to flow a total of approximately $11m to several payees. It has recently been discovered that the drawee bank admitted to failing to follow all correct banking procedures (to the effect) that a prudent banker would follow. As such the drawee bank transferred to Ollis’ account 180123, upon on each instance Ollis’ account would have been overdrawn, including when Ollis issued written demands what would have been the overdrawn balance of his account from its Ballina branches unposted items suspense account (as an unapproved overdraft) on each instance. 1. Westpac receives consideration of $1.50 per replenishment/per day plus additional fees monthly for the holding of the business account with the bank. 2. Westpac initially failed to acknowledge or apply the consideration of interest at the ULR rate (“unarranged loan rate”) it was entitled to under its contract with Ollis. 3. Westpac subsequently applied interest according to its ULR rate as it was entitled to do under its contract with Ollis.
10 May 2005	Westpac Corrections' role was to: “… investigate the transactions and determine the account to which the suspense account transaction needs to be sent.” It typically entered a standard text input manually to Ollis’ business cheque statement when it investigated and reversed entries, being: “Reversal of credit transaction on 541135 732591 541135”
6 May 2005 -23 December 2005	Ollis writes further 45 cheques and hundreds of direct debits from 180123, all honoured by the bank through replenishments in form of an unarranged loan (transferred to him from the bank’s Ballina branch unposted items suspense Account). It is the role of Westpac’s Corrections Area to: “… investigate the transactions and determine the account to which the suspense account transaction needs to be sent." Witheridge admitted Westpac suffered a “total breakdown of double-entry accounting” in the due course of conducting Ollis’ accounts. Bank receives consideration of $1.50 per replenishment and unarranged loan rate interest.

Notification Number:	Date Presented:	Drawee Cheque no.:	Amount ($):	Drawer Bank/Payee:
1.	06 May 2005	040505	7,402.75	Unknown
2.	18 May 2005	400127	20,000.00	Bendigo
3.	17 June 2005	400128	40,000.00	Bendigo
4.	13 July 2005	400129	15,000.00	Bendigo
5.	19 July 2005	400130	50,000.00	Bendigo
6.	19 Aug 2005	400131	40,000.00	Westpac
7.	25 Aug 2005	400132	80,000.00	Westpac
8.	31 Aug 2005	400133	22,500.00	CBA
9.	31 Aug 2005	400134	250,000.00	Westpac
10.	08 Sep 2005	400135	30,000.00	CBA
11.	09 Sep 2005	400136	30,000.00	CBA
12.	20 Sep 2005	400137	25,000.00	CBA
13.	21 Sep 2005	400138	25,000.00	CBA
14.	27 Sep 2005	400139	200,000.00	Westpac
15.	30 Sep 2005	400142	200,000.00	Westpac
16.	07 Oct 2005	400143	250,000.00	Bendigo
17.	10 Oct 2005	400144	300,000.00	Bendigo
18.	11 Oct 2005	400145	250,000.00	Westpac
19.	14 Oct 2005	400146	300,000.00	Bendigo
20.	18 Oct 2005	400147	320,000.00	Bendigo
21.	20 Oct 2005	400148	330,000.00	Westpac
22.	21 Oct 2005	400149	350,000.00	Bendigo
23.	25 Oct 2005	400150	350,000.00	Bendigo
24.	26 Oct 2005	400151	350,000.00	Bendigo
25.	27 Oct 2005	400152	350,000.00	Bendigo
26.	28 Oct 2005	400153	380,000.00	Bendigo
27.	31 Oct 2005	400154	130,880.00	CBA
28.	31 Oct 2005	400155	250,000.00	Westpac
29.	1 Nov 2005	400157	380,000.00	Bendigo
30.	2 Nov 2005	400158	400,000.00	Bendigo
31.	4 Nov 2005	400159	400,000.00	Bendigo
32.	7 Nov 2005	400160	380,000.00	CBA
33.	9 Nov 2005	400161	400,000.00	Westpac
34.	10 Nov 2005	400162	250,000.00	Westpac
35.	14 Nov 2005	400163	400,000.00	Westpac
36.	18 Nov 2005	400164	400,000.00	Westpac
37.	23 Nov 2005	400165	157,000.00	Westpac
38.	23 Nov 2005	400166	200,000.00	Westpac
39.	01 Dec 2005	400167	400,000.00	Westpac
40.	02 Dec 2005	400168	400,000.00	Westpac
41.	07 Dec 2005	400169	400,000.00	Westpac
42.	09 Dec 2005	400170	400,000.00	Westpac
43.	14 Dec 2005	400171	440,000.00	Westpac
44.	23 Dec 2005	400172	430,000.00	Westpac

Date	Event
10 May 2005	Contrary to its standard entry description Corrections (when reversing the debit entry against Ballina UPI Suspense account and to Ollis’ Business Cheque Account), following investigations, officers of Corrections departed from the standard entry as follows: 9 May 2005 Transfer/replenishment From account 541135 10 May 2005 Transfer/replenishment From account 541135 11 May 2005 Reversal of credit Transaction on 541135 732591 541135 12 May 2005 Reversal of credit Transaction on 541135 732591 541135 19 May 2005 “Reversal of credit transaction on 180505 732591 541135” Inference: “A” person within the bank’s corrections department in Concord NSW obtains first-hand knowledge Ollis has drawn to his business account from Ballina UPI suspense account (bounced from the personal deeming account) but does NOT stop the drawing. Circularity. Contradicts Colwell evidence and finding in judgment. 9 June 2005 Transfer/replenishment from account 541135 $1124.55 14 June 2005 “Withdrawal / Cheque 541135” 17 June 2005 “Transfer/replenishment by authority 541135 732591 541135 invalid” 27 June 2005 “Reversal of credit transaction on 240605 732591/541135” 1 July 2005 “Reversal of credit transaction on 290605 732591 541135” 7 July 2005 “Reversal of credit transaction on 541135” 18 July 2005 “Reversal of credit transaction on 541135 post no drs” 5 August 2005 “Transfer/replenishment by authority 180123” 8 August 2005 “Reversal of credit transaction on 541135” 9 August 2005 “Reversal of credit transaction on 541135” 15 August 2005 “Reversal of credit transaction on 120805 ” 22 September 2005 “Transfer/replenishment by authority 180123 732591 541135 invalid for debit”, drawing of $459,230.98 reversed. 10 October 2005 “Transfer / replenishment by authority 544135 732591 541135 pco $659,678.63” 21 October 2005 “Reversal of credit transaction on 191005 732591 541135 $1,144,030.95” 4 November 2005 “Withdrawal 0180123 732591 541135 $2,927,634.70” 21 November 2005 “Reversal of credit transaction on 171105 732591 541135 $3,801,726.33” 22 November 2005 “Reversal of credit transaction on 541135 732591 541135 PCO status $4,379,822.35” 02 December 2005 “Reversal of credit transaction on 541135 732591 541135 pco status $4,383,139.01” 16 December 2005 “Reversal of credit transaction on 141205 732591 541135 $5,224,379.34” 22 December 2005 “Withdrawal 0180123 732591 541135 $5,224,390.24” 30 December 2005 “Withdrawal 0180123 732591 541135 $5,227,280.06” On 9 January 2005 Westpac allegedly investigated and discovered cancelled the ATR facility. Smith was not on notice of the Westpac Bank statements until late 2014.
6 May 2005 – 23 December 2005	On each of these 44 notification, a person within Westpac knew: 1. Ollis had a cheque book issued it to him by Westpac. 2. Ollis was entitled (or was never advised to cease) writing cheques . 3. If Ollis drew a “cheque” and there were insufficient funds in Ollis’ account, the bank was at liberty to refuse to honour the cheque . Moreover, multiple persons within the bank handled the cheque/s. 4. Ollis wanted to draw credit from his account 180123 by each cheque . 5. Ollis in presenting a cheque seeks authority to draw credit from his account 180123 if there were insufficient funds to cover the cheque81. 6. Westpac, by law, had three (3) business days in which to refuse his demand by cheque . At the expiration of three (3) business days, if Westpac did not refuse the cheque, a drawing against the bank and, consequently, Ollis’ account 180123 would occur . 7. Had the bank followed bank cheque procedure and/or investigated diligently the demands (styled cheque) by Ollis and dishonoured each cheque, the cycle of “replenishing” would not have continued.
6 May 2005 – 8 November 2005	Between these dates, Ollis presented Westpac cheques triggering at least 23 notifications by Commonwealth & Bendigo Banks (as collecting institutions) in accordance with ss61-67 Cheques Act 1986 (Cth) requiring Westpac (as drawee institution) to positively decide whether to honour Ollis’ various cheques . The process is as follows: "Cheques are still a paper-based payment instrument," says Westpac. So even though banks can electronically submit some information about a cheque, it still needs to be delivered physically to the drawer's institution for security and fraud prevention." "Cheques must be physically presented to the institution on which they are drawn to make a demand for payment," says the Commonwealth Bank. "The drawee institution then must make a paid or dishonour decision on the cheque, after looking at things such as the authorised signatory on the account. If dishonoured, this must be communicated to, and value returned to, the deposit institution." 1. At all material times, Westpac were in possession of either the actual cheque or a facsimile of the actual cheque as requested to be drawn by Ollis. 2. On each of the 23 notifications, Westpac received a formal demand in accordance with s62 of the Cheques Act giving the Bank notice that Ollis was on each occasion drawing the cheque/s he did on third party collecting institutions (CBA & Bendigo Banks). 3. Moreover, Westpac could obtain a colour or grayscale image including UV image of the cheque, front and rear. 4. Westpac had a statutory obligation to determine if to pay the cheque or not.
6 May 2005 – 23 December 2005	Between these dates, persons at Westpac had on each occasion knowledge of date the cheque was written. 1. The date the cheque was presented. 2. The date by which Westpac could refuse to honour the cheque. 3. The party to whom the cheque was written. 4. The amount of the cheque 5. The security for the cheque. 6. The signatory on the cheque. 7. Where the cheque was presented. 8. The balance of Ollis’ business cheque account. 9. The balance of Ollis’ personal deeming account.
6 May 2005 – 23 December 2005	Between these dates, on each of the 44 notification occasions and on more than 166 business days between the above dates, persons at Westpac had knowledge and in response made entries in response to Ollis’ drawings such that the cheques were not dishonoured. Specifically, Westpac’s Ballina branch and its Operations Centre in Concord West failed to accurately reconcile its internal Unposted Items Account on more than 166 occasions . In doing so, Ballina branch, the Operations Centre in Concord West and the Corrections Department, having direct knowledge that Ollis was drawing cheques performed the following entries on more than 166 occasions: (a) at the end of each day, the ATR facility credited the Business Account with an amount (the Transfer/ Replenishment Payment) to reduce its balance to zero; (b) the ATR facility could not debit the Personal Account because it was frozen (PCO), so instead, automatically debited a suspense account (i.e. Unposted Items Account). (c) on the second business day after cheque presenting the Transfer/Replenishment Payment was reversed by crediting the suspense account and debiting the Business Account; I infer these 166 x “reversing transactions” demonstrates, in addition to receiving the physical cheque as a demand on 45 occasions, Westpac had actual knowledge of the time and quantity of each drawing Ollis was making against his Business Account. Moreover, the cheque clearing process at Westpac involves persons within the bank having knowledge of each Ollis cheque in the following stages: 1. Sorting 2. Visual inspection of the cheque and micro-inking recording the dollar amount of the cheque and bank sorting codes to enable the banks sorting machines to “read” the cheque for the material details of each cheque transaction Ollis sought to draw. 3. This process checks the work of the bank branch (or collecting institution) to reconcile if branch entries fail to balance with visual cheque inspection. 4. During detailed sorting, the bank further processed Ollis’ cheques, obtaining images of each of 45 cheque (front and bank), and subsequently imprinted on each a unique sequence code to assist tracing. 5. Irreconcilable cheques, if any, are further processed to ensure the bank always knows the status of each cheque it is processing. 6. Transit cheques the bank processes, where the cheques of another drawee bank was deposited into a Westpac account, are accounted for and sent to (or received from) third party drawee banks daily. 7. After the bank has “processed” its cheques in this way through its own system, each transaction is “authorized” to update the bank’s core Hogan system. 8. After upload to Hogan, any exceptions are further forwarded to Westpac’s OTP department, examining any unposted or exception items & making decisions.
6 May – 21 November 2005	Westpac Corrections Department, Westpac Ballina branch (Leanne) and Westpac’s Concord West operations center ignored and/or failed to make the necessary inquiries as to why it was necessary daily to reverse transactions amounting to $3,802,097.51 on a consecutive daily basis?
22 November 2005	Westpac Corrections Department are aware debit transactions meant to be applied to account 541135, being applied in error, causing Corrections Dept. to perform repeated reversals . Ballina Branch was aware account 541135 was overdrawn and in collections as at all material times. Smith was without notice to this Westpac record until late 2014.
22 November 2005	Leanne from Westpac Ballina (staff member 2591 F020613) notes in the record of Gosford Business Cheque account and Ballina Personal Deeming that: “Adv rec call from staff member in corrections req pco to be lifted. Advsd: unable to lift pco as debt o/sourced to collection house 20/8/04” Smith was without notice to this Westpac record until late 2014.
2 December 2005	Westpac NSW CSC BSB 032890 , staff member M741977 aware of constantly rejecting debits and notes in the record of Gosford Business Cheque account and Ballina Personal Deeming that: “Call reason: to see if has to keep sending back ddrs as not honoring Adv if brw has not cancelled ddr will need to keep rejecting them and brw needs to call Collections House” Smith was without notice to this Westpac record until late 2014.
9 January 2006	Westpac Collections Department realisation: “Cust has another account 032523 180123 in which an auto replenishment has been set up to tsfr funds back and forth. Have spoke to INT & FEES who adv need to speak to ACCOUNT PAYMENTS to have this facility cancelled. Have faxed a request through to them to request this - fax 1300 304657. Will await for confirmation but in meantime keep an eye on account for any further drawings as may be potential fraud.” NB: Westpac advised NSW Supreme Court that it had not discovered the above series of cheques 12 January 2006 . Smith was without notice to this Westpac record until late 2014.
9 January 2006	Westpac cancels ATR facility
9 January 2006	Bank cites 9 Jan 06 in Summons of 7 Apr 06 as the date of realization – not 12 Jan 06, tells NSWSC date discovered 12 Jan 06 not 9 Jan 06 . Smith was without notice to this matter until late 2014.
11 January 2006	Further analysis of account conduct, noted. Smith was without notice to this Westpac record until late 2014.
12 January 2006	Westpac’s Maryanne Aspland contacts Garry Wade .
12 January 2006	Garry Wade changes status of Ollis’ Business Cheque account to PCO (post credits only).
12 January 2006	Further detailed analysis of accounts and internal debate, some of which is documented in notes in the record of Gosford Business Cheque account and Ballina Personal Deeming. Smith was without notice to this Westpac record until late 2014.
13 January 2006	Interference drawn: Westpac, being in the advanced stages of preparations amending terms & conditions of Ollis’ business account (PDS published 23 Jan 06) had full knowledge it was bound to the then current terms, the withdrawals could therefore never be a ‘crime’, i.e. fraud (especially given it knew or should have known its own staff member on 21 August 2003 tampered with the ATR authority): “Overdrawn accounts …If your account becomes overdrawn without arrangements, that overdrawing of the account will be treated by the Bank as an application for credit by you.” Smith had no notice.
13 January 2006	Garry Wade contacts Insp. Jennifer Thommeny RA (requesting assistance) , seeks freezing of Ollis accounts. Thommeny/NSWP refuses – advises Westpac “no crime”. Smith was without notice to this matter until 2014.
13 January 2006	Westpac false statement letter version #1. Upon being refused its requested assistance (freezing orders) by Thommeny / NSWP, Wade/Westpac External Investigations then write RA false letter Version #1 to NSWCC (requesting assistance – impliedly seeking freezing orders, expressly seeking “assistance in investigating”), disclosing the bank knew: accused Ollis of deliberately exploiting a loop hole (omitted from later versions of the letter). branch UPI account (unposted items account) had not balanced each day between 6 May 2005 and 6 Jan 06, and was therefore required to be reconciled and balanced daily by the bank’s Operations Centre at Concord West with the incorrectly posted debit rejected back to Ollis’ business account 180123 (omitted from later versions of the letter). Acknowledged the repeated posting error and daily replenishments was a “loophole”. Acknowledges tracing funds into property purchases by 3rd parties (funds otherwise beyond banks reach). Acknowledged “… we are now aware that Ollis has previous criminal convictions…” (later amended to ‘belief’). Is signed by Garry Wade (External Investigations), later transferred to Murphy of “Internal Investigation” . I say the letters were written with intent for Spark/NSWCC to concur in making / publishing to a judge of the NSWSC, knowing the contents to be false. Smith was without notice to this matter until 2014.
14 January 2006	Saturday
15 January 2006	Sunday
16 January 2006	Fax from Kate Finnigan, Westpac to Spark of NSWCC re ATR setup forms and authorities and back of house system entries to permit the overdrawing and replenishments of account 180123 from personal account 541135. From this time onwards, Spark knew (or should have known) Ollis expressly had authority to overdraw the business account 180123 as per the agreed authority of 19/8/03 for which consideration (the replenishment fee and unarranged loan rate interest) was subject to be paid by Ollis to Westpac on each occasion. Moreover, Westpac knew or should have known upon inspection of the faxed materials that Ollis’ authority to replenish had been tampered with by its own staff member. Smith was without notice to this matter until 27 May 2013.
16 January 2006	Call from Westpac to Ollis requesting an urgent meeting the next day, 17 Jan 06 at 60 Martin Plc, Sydney re: “overdrawings on your business cheque account 180123”. Smith had no notice.
17 January 2006	Westpac, with knowledge that its staff member had amended the ATR authority form, treat cheques overdrawing account 180123 as application for credit, prepare and serve Ollis with letter of demand $11m citing “unauthorised withdrawals” (i.e. unarranged loan ) requiring payment of the balance in full or provision of security in an amount or form acceptable to the bank by 25 Jan 2006. Inference – the “unauthorized withdrawals” arise from the Westpac staff member tampering with the ATR on 21/8/2003. Ollis acknowledges: discovering glitch in Westpac computer system allegedly makes statement (words to the effect) that he “didn’t look gift horse in the mouth” , i.e. Ollis made bank aware $11m like a gift from the bank which he gratefully accepted. Bank instead falsely construed overdrawings as criminal act/s. Demand made in accordance with T&C’s of account (page 17, see October 2000) requiring arrangements to be in place within 7 days from demand. The T&C’s specifically acknowledged a term applicable called the “ULR” – unarranged loan rate. Smith was without notice to these documents until late 2014. Admissions made by Trevor McMahon during the meeting no criminal charges were possible.
17 January 2006 - 18 January 2006	Inference – Westpac realise it will not lawfully be able to refuse to unfreeze Ollis’ bank accounts after freezing for more than 48 hours. Smith was without notice to this matter until late 2014
17 - 18 January 2006	Inference – Westpac realise or advised by Jonathan Spark of NSWCC that honest admissions of how Ollis had lawfully exploited “loop-hole”, aided by their own staff members tampering with the ATR form, will not sufficiently evidence to the satisfaction of a court that Spark has “reasonable grounds” to suspect Ollis has engaged in “serious crime related activity”. Smith had no notice.
17 - 18 January 2006	Westpac Mark Murphy writes an email to NSWP’ Mr. Colin Dyson, Commander of the Fraud Squad outlining that the purpose of correspondence with the NSWCC was to freeze assets rather than to have the alleged proceeds of crime confiscated .
18 January 2006	Letter version #2 (Westpac fail to treat cheques as application for credit) written with notice that Westpac staff member had tampered with the ATR form. Westpac investigation report to NSWCC version #2 – faxed to NSWCC at 1424 RA Version # 2 to NSWCC documenting: Letter provided to NSWCC but no longer addressed to the Commission, NSWCC (i.e. inference – addressed no longer to NSWCC but to a judge of the NSWSC, Westpac knowing Spark will concur to make or publish the Westpac false statement – against good faith). now simply requesting assistance, no longer requesting “your” assistance. (Inference – the assistance sought is the assistance of a judge of the NSWSC, Westpac already has the assistance of Spark/NSWCC). omits 2x references to awareness of “loopholes”. alters wording from: “Ollis somehow discovered that despite this status …” TO “Ollis obviously discovered that despite this status …” omits all references to posting errors to UPI account omits all references to failures of Bank’s operations center for some 120+ days enquire into 120+ continuous days of repeat error message/non-balancing UPI suspense account at Ballina Branch, despite Ballina branch bringing this to the banks attention on 22 November 2005. omits references to Gail Shields being Ollis’ partner. omits invitation for Commissioner to contact Wade or Murphy. omits Wades name as author of letter, replaces with Murphy. omits External Investigations department from letter, replace with Internal Investigations department. Inference made, from 17-18 Jan 06, Westpac (by replacing Wade) no longer regarded matter as external fraud but investigation arising from internal failure/s. Smith was without notice to this matter until late 2014-2015.
18 January 2006	Westpac investigation report to NSWCC version #3 – faxed at 1548 (Westpac fail to treat cheques as application for credit) written with notice that Westpac staff member had tampered with the ATR form. RA Version #3 to NSWCC documents: - omits request for assistance in investigating the activities of Ollis. - omits allegation that Ollis caused a loss of $11m, replace with allegation Ollis knowingly and deliberately defrauded the bank. - purports to only have knowledge of “believe Ollis has previous criminal convictions for fraud …” instead of previous version #2 (1hour 20 mins early) “we are now aware Ollis has previous criminal convictions for fraud ….” - adds particulars of tracing activities on two (2) cheques withdrawals of 17 Jun 05 & 19 Jul 05 (total $90,000); makes comparison with deposits made into the account from 17 Jun 05 to 19 Aug 05 being just $4,420. - omissions made in version #2, remain omissions in version #3. Smith was without notice to this letter in part until after 2011.
18 January 2006	Westpac fail to treat cheques as application for credit, provide Schedules A-E of cheque tracing, knowing the application of 33 cheques involving $10,480,000. Smith was without notice to this record until after 2011.
19 January 2006	Westpac fail to treat cheques as application for credit, false statement styled “investigation report” faxed to NSWCC version #4 at 1206. RA Version #4 to NSWCC documents: current date at time of writing, i.e. 19 Jan 06. - corrects slip error on page 2 (meeting date between bank and Ollis on 17 Jan 06, not 17 Feb 05). Smith was without notice to letter #4 until after 2011.
19 January 2006	Spark affidavit Westpac procure Jonathan Lee Spark at NSWCC to concur with making or publishing Westpac investigation reports contrary to s 178BB of Crimes Act particular in light of its notice that Westpac staff member had tampered with the ATR form. Inference: Westpac knew (as evidenced by 13 Jan 06 NSWP/ Thommeny freezing refusal advice; 13 Jan 06 Wade “loophole” admission; Westpac T&C and conditions (current & amended version 23 January 2006), 17 Jan 06 McMahon’s “no crime” admission) the investigation report letters versions #1-#4 to be false in a material (truth, engaged in serious crime related activities including larceny), and moreover Westpac knew or ought to have known there was no crime due as admitted to NSWP . Additionally, Westpac in its corporate mind knew its then current terms & conditions made the overdrawing of the account an overdraft (see Wade “loophole” admission), such knowledge being very fresh in its corporate mind as it was just 2 business days from publishing replacement terms & conditions as it did on 23 Jan 06 (following a weekend in between). Spark affidavit concurring in making and publishing the Westpac Investigation report letter is 3 pages in length, being as follows: Page 1 – investigation report version #3, page 1 Page 2 – investigation report version #4, page 2 Page 3 – investigation report version #3, page 3. Smith was without notice to version #4 of this document until late 2011.
19 January 2006	Inference/s made that Westpac, through an unlawful collateral process conducted by NSWCC: - intended to cover up its own negligence in amending ATR form creating a series of unauthorized withdrawals from Westpac’s UPI Ballina suspense account. - intended to obtain money ($11m) and/or other valuable things, i.e. financial advantages. - knows NSWCC can only confiscate assets if an authorized officer of the NSWCC swears to have reasonable grounds to suspect Ollis has engaged in “serious crime related activity” . - did not intend that $11m of assets to be frozen by NSWCC would ever be confiscated, i.e. permanently surrendered to - financial advantages Westpac received, which it intended to receive include: - the NSWCC freezing orders (they did attempt but failed to obtain, on 13 Jan 06, such freezing orders from NSWP). - documents, discovery and intelligence - via search warrants that NSWCC and NSWP obtained on 20 Jan 06 and executed on 23 Jan 06. - undertakings for damages (NSWCC and the State of NSW gave undertakings to the NSWSC to obtain the NSWCC freezing orders), such undertakings remaining on-foot. - time (the bank knew via the T&C’s of the Ollis account it had to give Ollis 80 days’ notice before commencing any legal proceedings against him, via the NSWCC debt security and recovery process the assets were frozen within 1 day of varying letter versions #1-#3, supplying version #4). - equitable priority in Ollis’ bankruptcy and otherwise. - access to the CAR Act it could not otherwise access. - security for unsecured debts in amount of $11m. - secrecy (NSWCC has legislation providing a near impenetrable wall against discovery). - the affidavit of J. Spark of 19 Jan 06. - etc. Smith had no notice.
19 January 2006	NSWCC applied to the Court for an order pursuant to s 27 of the Criminal Assets Recovery Act 1990 that the First Defendant pay to the Treasurer of the State of NSW an amount assessed by the Court as the value of the proceeds derived from the illegal activities of the First Defendant that took place not more than six (6) years before the making of the application. Sully freezing order obtained by NSWCC under invalid s 10 of CAR Act. Smith had no notice until after registration of transfer of title from Burke to PTLC.
20 January 2006	Westpac obtains the certificate of title for Lot 166 DP 750164 , before returning it to William Burke and Victoria Baker (previous vendors before Smith) who subsequently provided it to Smith without notice. Alternatively, Westpac conduct a title search of the subject land and note that Smith company not yet on title. Inference - Westpac elect to not give Smith notice of the interest of the NSWCC and to seek to obtain an interest “through” the Smith company rather than to caveat the land at the time itself.
20 January 2006	NSWCC – CAR Search warrant obtained. Smith was without notice to this matter until late 2014.
20 January 2006	NSWCC Caveat AC62711 lodged on Doco’s properties to prevent transfer from Ollis to Hawkins & Flynn. Smith was without notice to this matter until after 2011.
20 January 2006	Correspondence between investigative parties demonstrating knowledge that of title Lot 166 DP 750164 being Harrowvale property purchased by Smith not registered to Smith (contrary to Ollis’ discussions with Westpac on 17 Jan 06). No NSWCC caveat lodged on Harrowvale title, NSWCC and Westpac “allow” transfer from Burke to the Claimant which occurred on gaining an indefeasible title. Smith was without notice to this matter until late 2014.
20 January 2006	Requested by Supt Dyson on 20/1/2006 to “piggyback” confiscation job with possible Fraud Squad investigation. Smith was without notice to this matter until late 2014.
Between 19 January 2006 – 1 February 2006	Westpac and NSWCC deliberately omitted to give Smith notice of the NSWCC Freezing orders contrary to its reports to NSWP and NSWCC – versions #1-4.
Between 20 January 2006 – 25 January 2006	NSWCC return CT of Harrowvale to Mr. and Mrs. Burke.
21 January 2006	Saturday
22 January 2006	Sunday
23 January 2006	Bank publishes revised T&Cs under PDS dated 23 January 2006, relevant overdrawing section amended. Smith was without notice to this Westpac document until after 2011.
23 January 2006 (1000)	Execution of search warrants – Dane Drive, Gosford; Coronation St, Parkes; Condobolin Rd, Parkes. Smith was without notice to this matter until late 2014.
23 January 2006	Search warrants executed – Westpac’s officer, Mr. Mark Murphy is seen entering 42 Coronation Street, Parkes and is video-taped by NSWP giving instructions to officers of NSWP. Smith was without notice to this Westpac document until late 2016.
23 January 2006	Ollis / Christopher Dibb meeting with Jonathan Spark in foyer of NSWCC. Spark: “We would like to talk to you about settlement of the matter … What really needs to happen is for you to come to a settlement with the victim, Westpac”. Smith was without notice to this matter until after 2011.
25 January 2006	Thommeny urges NSWP and/or NSWCC and/or Westpac that Smith be interviewed as a “matter of urgency” (put on notice) of the Ollis investigation & confiscations. Provides last known address and photo. Smith is never interviewed by NSWP. Smith was without notice to this matter until late 2014. NSWP, NSWCC and Westpac all omit to interview Smith or provide notice of the freezing orders and/or seek to confiscate Ollis assets (i.e. unregistered security over Harrowvale land).
26 January 2006	Thursday – Australia Day public holiday
27 January 2006	No formal decision by NSWP to accept Ollis investigation. Thommeny requested assistance forwarded to interview Smith to determine his association with Ollis. NSWP, NSWCC and Westpac omit to interview Smith until after transfer of land registered. Smith was without notice to this matter until late 2014.
27 January 2006	Friday long weekend
27 January 2006	Burke supplies to Smith the CT for Lot 166, DP 750164 and a tax ruling he had obtained, a condition precedent to provision of the title.
27 January 2006	Strike Force Greenvale investigation commences (no practical co-operation from Westpac for the investigation – quote “at no stage was forthcoming” until September 06). Smith was without notice to this matter until late 2014.
28 January 2006	Saturday
29 January 2006	Sunday
30 January 2006	Smith, still without notice of the orders, attends the Office of State Revenue in Parramatta NSW, pays $129,000 stamp duty for stamping of the contract between Burke and PTLC. NSWCC and Westpac make no attempt to contact Smith despite being aware Ollis had provided a cheque for $128,000 payable to the OSR. Westpac by design intended to acquire a mortgage through Smith’s indefeasible purchase.
31 January 2006	Smith attends LPI, without notice of the orders, Registration of transfer of title from Burke to PTLC.
1 February 2006 (approx. 0930)	Smith attends his Post Office box at Pymble LPO and signs for certificate mail receipt of certificate of title.
1 February 2006 (approx. 1030)	Smith attends office of Ollis at Gosford to supply certificate of title pursuant to equitable mortgage.
1 February 2006 (approx. 1430)	Westpac investigators (Mark Murphy & Milan Sankovic) visit Mark & Lisa Smith, provide copy of false instrument (Sully orders) in furtherance to the making and publishing concurred upon between Westpac/Murphy & NSWCC/Spark (i.e. deception). Westpac/Murphy tell Mark & Lisa Smith that Ollis had “stolen” $11m/funds “proceeds of crime” (i.e. deceptive). Smith was without notice to the deception element in this matter until after 2011.
1 February 2006	Spark swears stat dec attached to caveat AC84382 swearing truth under Oaths Act etc. Smith was without notice to this matter until after 2011.
1 February 2006	Spark speaking to Barrister Christopher Dibb: Spark: “Most of our matters are settled by consent. If you can reach a deal with Westpac, we will withdraw our orders. Of course, that is subject to getting the consent of the Commissioner. Formally speaking, I have to get the agreement of the Commissioner to consent to withdraw orders but if Westpac agrees to the deal, I expect the Commissioner will as well.” Smith was without notice to this matter until after 2011.
2 February 2006	Meeting at Westpac 60 Martin Place attended by Dibb & Ollis together with Trevor McMahon, Rob Whitfield, Andrew Purchas and possibly Julia Hanna from Westpac. MacMahon: “You are aware that the Crime Commission have now frozen your assets and you are gong to have to come up with a good deal to get us our money back. Otherwise we'll get it from the Crime Commission.” Dibb: “As far as I can see, if the Commission gets forfeiture orders, there will be nothing left for Westpac.” Westpac: “We will just get the assets from the Commission.” Dibb: “The legislation appears to not to allow that. It provides that the interests in property are forfeited to the Crown.” Whitfield: “We are absolutely confident that we will get the assets from the Commission.” Smith was without notice to this matter until after 2011.
2 February 2006	Defendants Notice of Motion (NSWCC v Ollis) seeking to vary and/or set aside NSWCC CAR Act Freezing order of 19 January 2006 by adding the words: “pending a hearing as to the existence of a reasonable suspicion within the meaning of section 10 of the Criminal Assets Recovery Act 1990 (“the act”) as at the date of such hearing that the property described in those Schedules is serious crime derived property within the meaning of section 9 of the Act; …”
2 February 2006	Smith interview at NSWCC, notice to produce all documents, I say for a collateral purpose (to provide to Westpac).
3 February 2006	NSWCC caveat AC84382 on Harrowvale allegedly authorized by Sully J orders / s 10 CAR Act. Smith was without notice to this matter until April 2006 – as notice of caveat never received/sent to the wrong address.
6 February 2006	Westpac receive valuation of Harrowvale @ $1,000,000. Fundamental factual errors, i.e. land subject to DA for major commercial development (valued by Ernst & Young @ circa $25m+ as at 2006). Smith was without notice to this matter until mid-2006.
7 February 2006	Plaintiff’s Notice of Motion (NSWCC v Ollis) seeking to be heard before the Defendants Notice of Motion filed 2 February 2006 to the effect that a single judge cannot vary the freezing orders by adding words requested by the Defendants.
8 February 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 to Damian Hodgkinson of Pitcher Partners (forensic accountants).
9 February 2006	Public hearings, transcript - Transcript pg 121, line 35 – acknowledging terms and condition as given when account opened (further confirmed Sarah Rodger 11/9/06) - Sought to rely on an offence other than larceny as basis for continued confiscation activities (knew Ollis not involved in serious crime related activities including larceny). Smith was without notice to this matter until after 2011.
14 February 2006 (1040)	Execution of search warrants at 3 Royal St, Parkes. Smith was without notice to this matter until late 2014.
16 February 2006	Plaintiff’s Notice of Motion (NSWCC v Ollis) referred to Court of Appeal, pursuant to s51 (5) (a) of the Supreme Court Act 1970, as sworn by Spark on 28 February 2006.
16 February 2006	Plaintiff’s Notice of Motion removed into the Court of Appeals list pursuant to s 51 (5) (a) of the Supreme Court Act 1970 … ;
28 February 2006	Plaintiff’s Notice of Motion (NSWCC v Ollis) seeking further public examinations of the Second Defendant
28 February 2006	Affidavit of Spark, alleging illegality – swearing false statement s 178BB of Crimes Act. Smith was without notice to this matter until after 2011. Reference made to Plaintiff’s Notice of Motion of 7 Feb 06.
16 March 2006	Submissions for NSWCC.
21 March 2006	Supplementary submissions for NSWCC.
23 March 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
29 March 2006	Defendants supplementary submissions in reply
4 April 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
5 April 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
5 April 2006	Affidavit of Jonathan Lee Spark (NSWCC v Ollis) seeking public examinations of: Hussein Karimjee – Ollis’ in house solicitor Ann Hunter – his accountant Stephen Holmes – a lender to him Garry Pilgrim – his estate agent
5 April 2006	Plaintiff’s further submissions in reply (NSWCC v Ollis) re offences and reasonable grounds to suspect.
7 April 2006	Westpac commence civil proceedings, 20 + 60 days after demand of 17 Jan 06. Multiple false statements or omissions. Originating process received (2nd hand) by Smith 12 Apr 06. Because of the deceptive nature of the material omissions in the documentation, in part, the Claimant did not seek joinder in Westpac v Ollis, as a result, steps were not taken to prevent the orders of 31 August 2007 / 28 March 2008. Lists items Westpac claimed Ollis ‘knew’. ● Items 9 (d), (e), (f), (g) and (h) the Bank claimed Ollis knew potentially rebuttable? Commercial List Statement amended on 31 August 2007 Comparison of changes between 07 April 2006 and 31 Aug 2007
7 April 2006 - 20 July 2007	Westpac make around 238 changes to the Commercial list statement which is re-filed on 20 July 2007, including: Change to declaration in the alternative sought that Ollis’ interest in my land was subject to a charge in favour of the plaintiff. My guarantee to Ollis was subject to a charge in favour of the plaintiff. Contention 8 – Bank reworded its allegation that Ollis ‘fraudulently’ drew cheques against Business cheque account, instead merely ‘drew’ cheques. Contention 9 (d) - Bank alleges Ollis knew he did not deposit funds into his business cheque account during the period he wrote cheques. Contention 9 (g) – the Bank defined what it said was “the mistake”. Contention 9 (j) – that Ollis knew … the bank would pay the cheques Contention 17 – that Ollis provided no consideration whereas the bank collected fees from Ollis. NEW Contention 21. Ollis was entitled to write cheques. The bank, if it honoured cheques would treat the cheques as an application for credit and failed to despite realizing Ollis was writing cheques seeking credit. If the bank was to demand repayment of its money would provide 80 days’ notice before commencing legal action rather than being entitled to demand on no notice. New Contention 24 – Ollis did not refuse to repay the bank. Smith received no notice of the amended commercial list statement until late 2016.
12 April 2006	Smith receives fax copy of summons which states (in part): “any withdrawal transaction which would cause his account to have a debit balance could be treated by the Bank as an application for credit…” Summons contains other items which mislead Smith & the court:

Contention	Material Fact
8c . the Bank mistakenly honoured the cheques on presentation due to an error in the operation of the ATR function	The ATR operated to reduce Ollis business cheque account balance to 0.00 c as intended seeking to draw funds from the personal account. A status of PCO (Post credits only) meant the debits were instead applied to Westpac’s Unposted Items Account – as the ATR operation was designed to function. A series of approximately 166 human failures in a manual process within the Unposted Items Account daily reconciliation meant that the Ballina Branch & Concord West CSC caused funds to be credited to Ollis’ business cheque account by the ATR process operating at the end of each day as it was intended and authorised to operate. The bank further admitted a breakdown of its double entry accounting system indicating the cause of the honouring of cheques was a combination of human error and design error and/or otherwise.
9(c) he did not have cash in any account he held with the Bank to be able to meet the cheques upon presentation;	Ollis variously had hundreds of thousands of dollars in his Bona Parts Accommodation Business account at any one time.
9(d) he was not entitled to draw cheques against the Second Ollis Account for the amounts that he did	The terms and conditions of his business cheque account and ATR agreement say otherwise. Letters posted in March 2004 suggest possibility of further drawings. He possessed a cheque. He issued cheques which the bank honoured. His bank statements suggest the bank had a level of knowledge of his drawings.
9(e) he did not have an overdraft facility	The terms and conditions of his business cheque account and its related ATR agreement state and presume respectively otherwise. Each cheque, being an unconditional demand upon the bank pursuant to s 10 of the Cheques Act 1986 represented a request for an overdraft facility. Ollis’ terms and conditions of his account specified if the bank honoured the cheque the sum would be considered an overdraft.
9(f) the Bank had been mistakenly honouring cheques drawn against the Second Ollis Account due to an error in the operation of the ATR function;	See response to contention 8c above. His bank statements suggest the bank had a level of knowledge of his drawings. Also see design error, human error and the breakdown of double entry accounting within the bank.
9(g) the Bank's officers were not aware that: (i) the Bank had been honouring the cheques;	On a daily basis, the cheques the bank was honouring were being debited against Ollis’ personal deeming account and then ‘bouncing’ to the banks unposted items account (UPI) where officers of the bank manually failed on 166 consecutive daily occasions to properly reconcile this account. On multiple occasions Westpac internal notes entered upon Ollis’ bank statement/s infer a level of actual knowledge by the officer of the cause for the reversal manual entries. The officers were stationed at the Ballina and Concord West offices of the bank. On 22 November 2005 a discussions occurs between Ballina and Concord West “Corrections” department (acknowledging the repetitive nature of their entries yet fail to diagnose the cause. As at 22 November 2005 Ballina and Concord West were posting consecutive daily corrective manually in the multi-millions of dollars. On other occasions the bank acknowledges the PCO and invalid replenishment authorities.
9(g) the Bank's officers were not aware that: (ii) there was an error in the operation of the ATR function;	See above response to 9 (g)(i). Westpac internal notes and Ollis’ bank statements suggest otherwise.
9(h) if the Bank's officers became aware that: (i) the Bank had been honouring the cheques; (ii) there was an error in the operation of the ATR function; they would take steps to prevent any further cheques from being honoured.	See above response to 9 (g)(i). See above response to 9 (g)(i). Westpac internal notes and Ollis’ bank statements suggest otherwise. They did not take steps to prevent further cheques from being honoured until 9 January 2006, a date the bank told the court was in fact 12 January 2006. The bank failed to take the steps that a prudent banker would have taken on around 166 occasions between May 2005 and January 2006.

Date	Event
20 April 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
26 April 2006	Letter from NSL to Westpac. Westpac response (silent) deceptive by omission of material facts, causing the Claimant & Smith to be misled/deceived resulting in non-joinder in Westpac v Ollis proceedings.
28 April 2006	Submissions of NSWCC citing “illegal activity” as the basis of continued confiscation (i.e. affidavit in Wollongong Local Court, December 2005). Smith was without notice to this matter until after 2011.
28 April 2006	Meeting at NSWCC between Ollis and Giorgiutti. G states: Westpac require priority payments from Ollis’ foreshadowed bankrupt estate, other creditors to sit behind bank. Inference – Westpac sought an unlawful preference payment in the proposed bankrupt estate of Ollis and/or the liquidation of PTLC. Smith was without notice to this matter until after 2011.
3 May 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
3 May 2006	Received fax from General Manager of Parkes Shire Council (consent authority and development partner of Smith for the Parkes Airport development project) showing adverse publicly.
5 May 2006	Step taken - Fax from Smith to Ollis seeking execution of variation deed, Ollis points to restraining orders as being unable to deal but sympathetic.
30 April 2006 - 15 May 2006	Step taken - Fax from Smith lawyers (NSL) to NSWCC re collateral agreements qualifying mortgage terms (including copy of proposal variation deed).
17 May 2006/ 18 May 2006	Step taken - Meeting between NSWCC, Westpac and Smith at NSWCC.
18 May 2006	Spark attempting to broker a settlement between Westpac & Ollis, including: - requirement that Ollis release Harrowvale title deed - Ollis to procure Smith consent that Harrowvale held on trust for bank, or alternatively perfect mortgage. Smith was without notice to this matter until after 2011.
18 May 2006 (1300)	Proposed settlement between Ollis & Westpac brokered by Spark/NSWCC. Did not proceed. Smith was without notice to this matter until after 2011.
24 May 2006	Defendants Commercial List Response, Westpac v Ollis. Ollis claims to have had an overdraft.
24 May 2006	Defendants Commercial List Response, Westpac v Ollis filed for second and third Defendants. Ollis claims to have had an overdraft.
Late May 2006	NSWCC admission: Novakovic: “we have got nothing to go forward against Ollis on, we are trying to mediate … Westpac likely to lose $7m”. Smith was without notice to this matter until after 2011.
1 June 2006	Affidavit of Spark – pay money to the Treasurer of NSW. Inference – Spark and NSWCC knew the CAR Act provided only for confiscated funds to be paid to the Treasurer of NSW, any use of powers to achieve another outcome an abuse of power. Smith was without notice to this matter until after 2011.
3 June 2006	Submissions of Dibb re Ollis larceny: denies larceny, suggests possible offence of fraudulent appropriation s 124 Crimes Act (not “serious crime related activity” pursuant to CAR Act); argument as to the money not being proceeds of crime even in Ollis’ hands. Smith was without notice to this matter until after 2011
7 June 2006	Summary judgment – NSWCC v Ollis (judgment not available); appeal determined 2 Nov 07; 29 Nov 07 – Ollis parties lodge appeal to HCA. Smith was without notice of the proceedings in 2006.
15 June 2006	Letters of instruction, HDY re: Westpac v Ollis (not obtained).
19 June 2006	Summary judgment NSWCC v Ollis.
19 June 2006	Sales advice from Hunter & Co real estate for deposit and off plan sale to Petatok @ $137,500 per hectare. Requires DA by specific date. Inference - Harrowvale development areas around 200ha, possible gross realization $27,500,000++
20 June 2006	Steps taken - Meeting Smith, Westpac, NSWCC – at NSWCC. Seeking consent to sell off concessional allotments to fund legal costs / vary caveat. Also discussed need to vary caveat in light of sales advice the Claimant to Petatok and deposit – need to protect possible underlying value $27m. NSWCC and Westpac refused to vary caveat.
21 June 2006	Steps taken - Fax from NSL to NSWCC requesting that caveator replaces itself as caveator with Public Trustee so as to minimise commercial loss to Smith.
23 June 2006	Invoice from NSL to Smith confirming meeting dates and date faxes sent.
27 June 2006	Fax from NSL to NSWCC, please deal with fax of 21 Jun 06 urgently.
27 June 2006	Instruction letter – HDY to John Henry Williams, PPB Chartered Accountants .
27 June 2006	Instruction letter – HDY to John Henry Williams, PPB Chartered Accountants, Appendix 1 – unknown Appendix 2 – Resume of John Williams Appendix 3 – Index to Expert Brief to PPB (comprising materials obtained by NSWCC following the execution of search warrants). Appendix 4 – Summary of accounts conducted by Ollis, Shields & Koala. Appendix 5 to 13 - Account Transactions & Percentages of Westpac and Non-Westpac Money Appendix 14 – Deposits & withdrawals Appendix 15 – Allocation of payments (reconciled) Appendix 16 – Allocation of payments (unreconciled) Draft amended summons provided (but not obtained).
28 June 2006	Fax from NSWCC proposing consent orders, seeking Smith to achieve Ollis’ consent and the registration of Ollis’ equitable mortgage in return for lifting of freezing orders and damaging caveat.
30 June 2006	Affidavit of Robert Colwell, Westpac v Ollis. Notes: - No explanation why Personal deeming account allowed to overdraw by $36,536.29. Why ATR function didn’t reject for insufficient funds? Confirms ATR governed by Banking Services Guide dated 1 October 2003 (not obtained). Admits to being responsible for cash management products provided to “mainly” institutional clients including responsibility for the ATR product. Represents the ATR form to provide a “true” copy of the ATR authority. Purports that 17 February 2004 occurred simultaneously in Business Cheque and Personal Deeming accounts. The banks’ relevant Banking Service Guide makes clear that replenishments between accounts in two different accounts are not intended to be replenished the same day, hence Ollis is inferred to have authority to generate a debit balance in the Business Cheque Account.
30 June 2006	Affidavit of Mark Murphy, Westpac v Ollis. Notes: No explanation of why Personal deeming account allowed to overdraw by $36,536.29. Why ATR function didn’t reject for insufficient funds? 20 Mar 04 letter L2250 hints some transactions may still eventuate. No explanation why 45 cheques did not come to the attention of any Westpac personnel despite bank clearing processes and the Cheques Act 1986?
2 July 2006	Letters of instruction, HDY to PPB re: Westpac v Ollis (not obtained).
3 July 2006	Steps taken - NSL fax to NSWCC re caveat AC84382 damage and variation sought with regards to mortgage. Inference – decision to maintain caveat AC84382 consciously and willfully made on notice as to damage and loss being caused.
4 July 2006	Smith receives fax from Ray White Parkes re: damaging effect of caveat.
7 July 2006	Fax from NSWCC to NSL, giving Smith notice that registration of any subdivision would be a dealing contrary to freezing order. Inference – a deliberate frustration by caveator on notice the purpose of the acquisition of Harrowvale was to enable dealing.
10 July 2006	Steps taken - Fax from NSL to NSWCC re caveat AC84382 damaging Smith , forwards selling agents fax of 4 Jul 06
10 July 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY.
11 July 2006	NOM from NSWCC to NSL
11 July 2006	Fax from NSWCC to NSL re mooted NOM, caveat, registration of mortgage.
11 July 2006	Affidavit of Jonathan Lee Spark, NSWCC v Ollis annexing letter of 12 July 2006.
11 July 2006	Letters of instruction, HDY re: Westpac v Ollis (not obtained).
12 July 2006	Letters of instruction, HDY re: Westpac v Ollis (not obtained).
13 July 2006	Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis.
28 July 2006	Affidavit of Robert James Witheridge, Westpac v Ollis. Notes: Admits responsibility overseeing both debit and credit transactions within the bank . - Admits responsibility in overseeing both debit and credit transactions to have the transactions posted to the correct customer accounts . Oversees 600 ‘corrections’ transactions per day . Admits role is to investigate the transactions and determine the account to which the suspense account transaction needs to be sent. Admits to the timing of reversals, although some timing admissions require investigation? Does not explain the collection notes. Does not explain the variations from standard reversal entry text. Admits to the “total breakdown of double-entry accounting” and unintended ATR design error consequences.
28 July 2006	Affidavit of Frank Mazzone, Westpac v Ollis. Notes: - Admits that proper banking practice within the bank was that the ATR should have been manually cancelled by his area of Collections on 22 March 2004 when the account status for the personal deeming account was changed from NOR to NFD and PCO . - Admits the cancellation of the ATR would have prevented the honouring of Ollis’ cheques from the UPI suspense account
28 July 2006	Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis.
28 July 2006	Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis – comparing changes made to the report between 13 July 2006 and 28 July 2006.
2 August 2006	Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985.
7 August 2006	Steps taken - Fax NSL to NSWCC noting: - NSWCC seeking to register only mortgage memorandum when that did not contain entire agreement and requires significant variation. - provided valuation report to be provided in near future for NSWCC reliance - proposal by Smith that NSWCC agree to Harrowvale being sold at its present fair market value to limit Smith losses.
7 August 2006	Steps taken - Valuation dated 7 Aug 06 received shortly thereafter independently valuing Harrowvale, provided to NSWCC and Westpac.
16 August 2006 (1030)	Meeting L1, 255 Elizabeth St, Sydney, Det Vait Dyrmaier noting: - Westpac’s failure to supply NSWP with evidence, documents or statements to allow criminal investigations. - Westpac stated completed 4 weeks prior (Civil proceedings), had not been instructed IF Westpac wished Police action/investigation. Had written to a colleague for instructions (no response whether to investigate). - Westpac stated: “terms & conditions” of replenishment facilities allowed the account holder to go into debit (overdrawn) and this facility is considered similar to a ‘line of credit’. Furthermore if a replenishment/ automatic transfer facility exists between different accounts with different BSB numbers the replenishment account will continue to go into debit (apparently a fault now being fixed by Westpac). No further requests were given to __ and he believed it futile to continue with any further inquiries for Police, until WBC confirmed they wished Police action. Estimated some 2 weeks for a reply." - handwritten notes discussing letters sent to SA acknowledging “debts” Smith was without notice to this matter until late 2014
20 August 2006	Affidavit of Dr. Peter Flynn re admissions of NSWCC late May 06. Smith was without notice to this matter until after 2011.
23 August 2006	Affidavit of Shields – alleging further concurring between NSWCC and Westpac, including the release of all intelligence/search warrant materials obtained. Smith was without notice to this matter until after 2011. Inference – Westpac and NSWCC knowingly abusing the powers of NSWCC pursuant to CAR Act with no intent to recover funds to the benefit of the Treasurer as required.
25 August 2006	State of NSW through the NSWCC used its draconian and coercive powers under the Criminal Assets Recovery Act to re-assign from the Treasurer of the State of NSW (Proceeds of Crime Account) to Westpac Banking Corporation all funds received in relation to Lot 166 DP750164.
25 August 2006	Westpac becomes a Respondent to NSWCC v Ollis to Amended Notice of Motion.
25 August 2006	Novakovic swears affidavit and Amended NOM for NSWCC v Ollis assigning and registration of mortgage or alternatively seeking sale proceeds of Harrowvale to be paid to Westpac contrary to CAR Act. Inference – NSWCC concurred with Westpac / Murphy on or around 17-18 Jan 06 to abuse its powers to recover a civil debt for the benefit of Westpac, including via CAR Freezing orders if required.
25 August 2006	State of NSW through the NSWCC used its draconian and coercive powers under the Criminal Assets Recovery Act to re-assign from the Treasurer of the State of NSW (Proceeds of Crime Account) to Westpac Banking Corporation all funds received in relation to Lot 166 DP750164.
25 August 2006	Westpac becomes a Respondent to NSWCC v Ollis to Amended Notice of Motion.
25 August 2006	Novakovic swears affidavit and Amended NOM for NSWCC v Ollis assigning and registration of mortgage or alternatively seeking sale proceeds of Harrowvale to be paid to Westpac contrary to CAR Act. Inference – NSWCC concurred with Westpac / Murphy on or around 17-18 Jan 06 to abuse its powers to recover a civil debt for the benefit of Westpac, including via CAR Freezing orders if required.
27 August 2006	Affidavit of Victor Warren Ollis re: concurring (conspiracy) between Westpac & NSWCC/Spark. Smith was without notice to this matter until after 2011.
28 August 2006	Affidavit of Darryl Barlow swearing Westpac admission re benefit received as intended via NSWCC search warrant (not requiring own discovery): “The Crime Commission had everything …. we got everything we wanted”. Smith was without notice to this matter until after 2011.
11 September 2006	Meeting between NSWP, Sarah Rodgers confirmed terms & conditions document was given to Ollis when he opened account 180123. Account opening form is signed and confirms T&C’s provided. Smith was without notice to this meeting and/or its findings until late 2014.
20 September 2006	Meeting between Supt Dyson, Insp Christey, Sgt Dyrmaier with Westpac employees Sarah Rodgers, Mark Murphy & Westpac solicitors noting: - discussions about T&C’s - Police documents show clause-indicating overdrawing would be considered an application for credit. - Rodgers states these T&C’s existed in all business accounts (and applies to Ollis’ account/s). - Mark Murphy contradicts. - NSWP sought and obtained the Terms and Conditions pertaining to this account. These were obtained (see scanned document). Pages 17-18 states a similar condition “if your account becomes overdrawn without arrangements, that overdrawing of the account will be treated by the Bank as an application for credit by you.” - T&C’s also mention ULR – unapproved loan rate – as consideration payable. Smith was without notice to this meeting and/or its findings until late 2014.
25 September 2006	Steps taken - Affidavit of Smith , Notice of Motion, Submissions in relation to NSWCC caveat and security – putting Ollis, NSWCC and Westpac on notice as to collateral agreements/obligations qualifying (unsigned) memorandum of mortgage.
October 2006	Approx. October 06 – Westpac provides NSWP with copies of requested documents affidavits. Smith was without notice to this matter until late 2014.
4 October 2006	Affidavit of Robert Reynolds, Westpac v Ollis.
16 October 2006	Westpac on notice of Submissions of the Claimant and Affidavit of Mark Smith of 25 Sep 2006
17 October 2006	Strike force Greenvale progress report given confirming: - lack of cooperation from Westpac for investigation. - records Sarah Rodgers admission of 11 Sep 06 that Ollis received T&C’s at time of opening account 180123. Smith was without notice to this matter until late 2014.
24 October 2006	Westpac issues subpoena to Smith in Westpac v Ollis. Inference – Westpac from this time was fully on notice as to the qualifications of equitable mortgage security interest Ollis held (if any).
9 November 2006	SF Greenvale meeting, NSWP & Westpac (Senior Management + legal representative), Supt Dyson, Insp Christey and Sgt Dyrmaier. Notes recorded: On 9 November, 2006 Det Supt Dyson and Insp Christey met with T3 (Senior Management plus a Legal Representative) from Westpac Investigations re S/F Greenvale and other issues. T3 “acknowledged” that there was no criminal prosecution possible against Ollis due to the clause within the account opening details which indicates any overdrawing of the business account shall be treated by the bank as a loan. Smith was without notice to this matter until late 2014.
10 November 2006 (1101)	NSWP Investigation terminated. Smith was without notice to this matter until after 2011.
15 November 2006	NSWP review log, NSWP determine matter a civil debt. Smith was without notice to this matter until late 2014.

21 November 2006	Judgment and published reasons, Mareva injunction and freezing order, Westpac v Ollis.
22 November 2006	Notice from Westpac of Bergin Mareva injunction/freezing order and undertaking for costs and damages.
28 November 2006	Affidavit of Smith in NSWCC v Ollis NOM hearing.
28 November 2006 (1644)	Submissions of NSWCC in NSWCC v Ollis NOM hearing containing numerous false statements. Smith was without notice as to the falsehoods until after 2011-late 2014.
29 November 2006	Defendant submissions, NSWCC NOM in NSWCC v Ollis.
1 December 2006	Subpoena of Ollis on Westpac in Westpac v Ollis (unknown to Smith until 2011-2012 approximately) pursuant to an allegation of conspiracy (concurring) between Westpac & NSWCC to do unlawful act, e.g. misuse NSWCC powers pursuant to CAR Act. Smith was without notice to this matter until after 2011.
4 December 2006	Fax clarification from the Claimant to Westpac, mortgage admitted to only an equitable mortgage.
5 December 2006	Summons, affidavit and NOM prepared and sworn for Smith , filed in NSWSC in PTLC v Ollis, NSWCC v Ollis.
5 December 2006	Submissions for Smith in NSWCC v Ollis NOM hearing.
6 December 2006	Summons of Mark Smith and the Claimant filed in NSWSC further placing on notice all parties of contingencies in mortgage memorandum.
6 December 2006 - 15 December 2006	Steps taken – notice of motion in matter 15984/2006 for joinder of PTLC & Westpac v Ollis (Summons matter) to NSWCC v Ollis 10278/2006 and/or for expedition of Summons against Ollis to set-aside mortgage. Expedition unable to proceed due to the non-appearance of Ollis and discontinuation of the legal representation of Ollis in the proceedings (and as such, service could not be affected). In the conduct of the proceedings (10278), NSWCC & Westpac submitted that Ollis’ conduct was (words to the effect) “criminal” with “$11m stolen”. As a result Smith & the Claimant were given advice (in order to avoid an adverse order for costs, and because the orders were also likely to be given) that the Claimant should: 1) not continue to oppose the registration of the mortgage by the plaintiff, and 2) serve the process, and 3) pursue the summons proceedings against Ollis or his successor to set aside mortgage.
20 December 2006	In correspondence between Westpac & Smith, bank acknowledges Smith seeks to vary mortgage to set aside Ollis’ obligations qualifying the mortgage. We say this document is prepared in furtherance of the deception of the Smith.
22 December 2006	Notice to produce / subpoena provided to Mark Smith of Smith to produce documents.
2 February 2007	Notice of Motion – to set aside subpoena to Mark Smith & notice to produce to PTLC.
8 February 2007	NSWSC entered orders made on 6 Dec 06 for registration of mortgage & signing mortgage on behalf of the alleged mortgagee who refused in furtherance of deception of PTLC.
February 2007	Production of a new certificate of title by LPI (provided to NSWCC) pursuant to CAR Act to NSWCC.
19 February 2007	Mortgage AC924905 registered by NSWCC, withdrawal of caveat AC84382.
21 February 2007	Steps taken - Fax from NSWCC to NSL Having refused to remove or vary its caveat, the former caveator, now opposing the sale of Harrowvale at its then fair market value “as is” per sworn valuation.
22 February 2007 (1743)	Steps taken - Fax from NSL to NSWCC - reasserting Smith’s position re qualifications as to mortgage including as set out in Summons. - discussed s 10 (4) of CAR and Ollis appeal due April 07 - oppression
23 February 2007 (1630)	Steps taken - Fax from NSWCC to NSL re new NOM to be heard 26 Feb 07
23 February 2007 (1643)	Steps taken - Fax from NSWCC to NSL re issues in dispute.
26 February 2007	Further orders in NSWCC v Ollis NOM matter – consented to as the mortgage’s registration defeated the purpose of the Smith / the Claimant NOM.
26 February 2007	Separate proceedings unknown to Smith at the time, NSWCC v Ollis NOM for preliminary discovery. The action failed but the action is based upon a not-well prepared argument of malfeasance or malicious / partial exercise of power (and without the comprehensive volume obtained by Smith ). The proceedings which Smith are preparing, it is considered, have substantially more evidence of concurring (conspiring) between NSWCC / Westpac than appears to have been available to Ollis and others in this NOM hearing. Smith was without notice to this NOM until after 2011
25 June 2007	Defendant submissions in support of preliminary discovery (NSWCC v Ollis) for 2nd and 3rd Defendants.
12 July 2007	Affidavit of Garry Wade, Westpac v Ollis
13 July 2007	Affidavit of John Henry Williams PPB, Westpac v Ollis
23 August 2007	Declarations for WBC, $11m obtained by Ollis held on trust for Westpac owing to ‘fraudulent conduct’, which the bank acknowledged, was a civil debt, and could never be subject to criminal prosecution. Findings of moral turpitude against Ollis. Smith / the Claimant not a party to the proceedings.
2 November 2007	Judgment in NSW Court of Appeal matter, Ollis v NSWCC - held: - lower court judgment made in error “… did not deal with the application in accordance with the principles that govern summary disposal of proceedings…” - majority verdict re: whether Ollis was entitled to witness immunity relating to alleged illegality (pervert course of justice, not larceny). - NSWCC should not have obtained summary judgment against Ollis as there was a “real question” to be tried, NSWCC could not rely upon offence of perverting the course of justice (for summary judgment) Smith was without notice to this matter until after 2011.
29 November 2007	Ollis party’s application for special leave to appeal to HCA re illegality basis (7 Jun 06 Summary judgment in error). Smith was without notice to this matter until after 2011.
14 December 2007	NSWCC v Ollis discontinued by NSWCC, NSWSC will not release NSWCC undertaking for damages. Smith was without notice to this matter until after 2011.
28 March 2008	Westpac file submissions on priority in Green Parks hearing of Westpac v Ollis. Inference – submissions demonstrate the intent of Westpac before 19 Jan 06 Sully orders, to use/misuse the NSWCC powers and CAR Act to obtain a financial benefit, including caveats, security, priority, equitable preferences, etc. Inference supported by acts taken on 20 Jan 06 (day after Sully order) by investigating/ confiscating parties to caveat Doco’s estate property caveat AC62711 allegedly pursuant to CAR Act 10 (3). Further inference – submissions and cumulative conduct of Westpac demonstrate it was anything other than a silent and passive volunteer Smith was without notice to this matter until after 2011.
23 April 2008 - 24 April 2008	Assignment of mortgage from Ollis to Westpac, Westpac on notice of contingencies and qualification of mortgage. Westpac represented that the Deed of Assignment had been ordered by Einstein J. Subsequent enquiries have been unable to establish that Einstein J ordered the disclaiming of Ollis’ obligations pursuant to the mortgage. On 23 Apr 08 Westpac gave notice of the orders providing for assignment of Ollis’ interest (if any, arising from either fraudulent obtain or fraudulent registration) to Westpac. On or about 24 Apr 08, Smith for the Claimant signed and returned an ‘acknowledgment’ of notice. Smith was without notice of any assignment until after the making of the order. Assignment acknowledged post the making of the order.
August 2008	Hearing of Green Parks “priority issues” identified in document entitled “submissions” disclosing the mind of the bank at the time of the (alleged fraudulent) obtaining of said equitable priorities against Green Parks parties (victims). Same “priority issues” NOT used as against PTLC. Westpac win on all counts v Green Parks due to priorities established due to “fraud” by Ollis. Smith was without notice to this matter until after 2011.
August 2009	s 57 (2) (b) – false statement made by Westpac (alleging $3m due and payable) Steps taken – request farm debt mediation (refused).
October 2009	Repeated false statement by Westpac (repeat false statement under s 57 (2) (b) that $3m due and payable). Steps taken – engaged ERA Legal to correspond with Westpac re settlement of disputed matters.
January 2010	Appointment of receivers (by Westpac) to take possession of Harrowvale on basis of “unauthorised withdrawals”, false statement as no monies due and payable. No notice of the taking of possession until taken.
26 March 2010	Steps were taken – engagement of Simmons & McCartney, correspondence to Westpac & Ray White Parkes demanding the discontinuation of sale by auction programme and the undertaking of Farm Debt Mediation.
27 March 2010	Sale by public auction by Westpac at $1,060,000.
April - July 2010	Steps taken – several caveats filed on 166/750164 (in error).
July 2010	Westpac file & serve summons against the Claimant & Smith seeking to set aside caveat and an order restraining Smith from filing future caveats.
1 August 2010	Steps taken - Smith receives Gerondis fraud report #1
3 August 2010	Steps taken - Smith reports knowledge of Ollis fraud (but not Westpac fraud) to NSWP on COPS event 44239786.
4 August 2010	Withdrawal of caveat AF670829W (per caveat AF546791) on mortgage AC924905.
4 August 2010	Filing of caveat AF670830N on mortgage AC924905, mortgage obtained by fraud on notice to Westpac.
4 August 2010	Caveat hearing, oral submission for Westpac: “Ollis stole about $11m … Einstein finding Ollis held on trust … fruits of stolen money.” Further submissions and evidence re: urgency of sale, prospect that bank would lose buyer. Urgency motion of bank prejudiced hearing of Smith’s caveat defense and timetable. Inference – deliberate perjury or deception by those acting for Westpac knowing Ollis could not be charged with any criminal charge which misled Smith to withdraw caveat AC670830N and not seek to cross-examine Westpac witnesses, put on evidence.
5 August 2010	Letter from Piper Alderman to Westpac, WBC on notice they have no interest, “not entitled to protections of s 42 or s 43 of RP Act as they were on notice …”
9 August 2010	Letter in reply from HDY to Piper Alderman.
26 August 2010	Smith received the Gerondis fraud report #1.
1 November 2010	Transfer of Harrowvale occurs pursuant to transfer AF701846 by mortgagee exercising power of sale, 3 months after alleged urgency.
30 June 2011	Smith complaint letter to NSW Police – why have NSWP charged Ollis?
22 July 2011	Smith receives letter from NSW Police – State Crime Command explaining
18 April 2011	Westpac confirms undertakings for damages pursuant to Bergin freezing orders of 21 Nov 06 never withdrawn, orders still on foot.
25 March 2013	Smith wrote to CEO of Westpac & its proper officer separately seeking settlement discussions
8 March 2013	Notice to Produce by Mark Smith issued to the NSW Crime Commission
2 April 2013	Letter from Westpac refusing to enter into discussions or settlement negotiations.
27 May 2013 - 29 May 2013	Production of documents by NSW Crime Commission following (narrowed) Notice to Produce of 27 May 2013
August 2016	Historical title search of Harrowvale sold by Westpac.

There is a lot more information that we are working on in this matter - so watch this space.

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There is a lot more information that we are working on in this matter - so watch this space.

Do you know any of the people discussed in this blog? Do you want to share your experiences? See the below tip-off form / contact form, or use the instant chat tools in the bottom corner.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment, or call now on 1300-327123 (till late).

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Mark Smith : 18 January 2021 9:39:18 AM

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