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DCPLH v Caernarvon Cherry Pty Ltd – potential growers class action

Biteroit - Caernarvon Cherry

DCP Litigation Holdings is inviting expressions of interest from potential class action claimants against Caernarvon Cherry Pty Ltd ACN 111 047 191 (“Caernarvon”).

Caernarvon Cherry Pty Ltd is a fruit packing operator located at 474 Canobolas Rd, Orange NSW 2800 and predominantly packs Cherries and Apples under the Biteriot brand for Woolworths, Harris Farm and numerous export supermarket chains.

DCP Litigation Holdings is the assignee of the claims of a number of fruit growers from around the Nashdale, Mudgee and Orange / Mt. Canobolas fruit-growing regions.

What is a class action?

 

A class action is a permitted court action involving 7 or more claimants with substantially similar claims against the same defendant or defendant/s.

What’s the class action about?

 

We will be arguing, amongst other things, that:

  1. Caernarvon breached the Horticultural Code of Conduct which is a mandatory code within the fruit packing and wholesale sector ;
  2. Caernarvon provided misleading and deceptive fruit packing statistics and materially underpaid our assignees – causing loss ;
  3. In addition, Caernarvon overcharged our assignees for packing services, fruit picking services, packaging, transport, fruit handling, storage and /or otherwise.  In some cases, we have seen evidence where, Caernarvon charged our assignee grower up to almost 400 hours of labour in one summer season for the provision of a “person” / alleged staff member – this ‘person’ having no date of birth, no bank account, no tax file number, no superannuation membership, and no address … (the person actually is alleged to reside at the same address as Caernarvon, 474 Canobolas Rd – together with approximately 100 other alleged staff members) ;
  4. Moreover, Caernarvon at the time of the apparent overcharging of our grower assignee, also charged our grower assignee for the services of a “pay mistress”, Ms. Paula Neill formerly of Landseer St, RaglanAround the same time, Ms. Neill pleaded guilty to stealing the sum of $44,864.56 from a local charity known BINC ;
  5. Caernarvon failed to conduct its fruit growing operations in a workmanlike manner.

And in the process, Caernarvon caused our assignee loss and/or damage.

To be clear, we do not accuse Ms. Paula Neil of any criminal offence, however we do say that Caernarvon itself, with some 900 persons on its payroll did engage in misleading and deceptive conduct causing loss to our assignee, and we believe it is highly likely that a number of other fruit growers from the Orange and nearby locality also suffered loss (we have spoken to many).

Moreover, we say that the assignee is entitled to query the veracity of various expenses, which they have, and about which questions still remain outstanding (Caernarvon refusing or neglecting to account or answer questions).

DCP Litigation Holdings are inviting expressions of interest from other growers and suppliers to Caernarvon Cherry, to discuss the claims with potential class action fruit growers and claimants, who have had a similar detrimental financial experience with Caernarvon.  It will be our proposal to fund all litigation costs of all fruit growers accepted against Caernarvon and to share in any settlement payment or judgment of a relevant court.

How big does my claim have to be?

A class-action is ideally suited to large or small growers.
The size of the claim is not important.
The important aspects of the claim is that they are substantially similar to the what we say above that we will be arguing, i.e. they generally involve the supply of fruit from a grower to Caernarvon and some disagreement about entitlements to money (big or small).
The other important factor is that the defendant must be Caernarvon Cherry Pty Ltd of Orange, NSW.

How fruit growers can get involved?

Regardless of how big or small your claim may be, interested parties are asked to complete the below form to express interest.  Once we receive your enquiry we will email you also our class-action FAQ’s.

CCC class action

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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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Current projects – credit repair (Job J18190432)

credit repair

DCPS is now undertaking projects to repair customer’s credit files.

Job J18190432 is the repair of a lady’s file where she’d defaulted and received a judgment from the NSW Local Court.  There were also a number of caveat’s on property in which she had an interest.  We assisted the lady with a schedule of payments.  At the end, it was agreed the judgment would be set-aside.  We are in the midst of having that removed from her file.

If a person has a judgment, defaults or bankruptcy then accessing finance can be hard.

Sometimes impossible.

And, IF a person with defaults CAN access credit, they are usually charged very high interest.

DCPS works to restore credit histories. All methods used are legal.

If you have any default judgments or negative credit history, give us a call to discuss how we may be able to help repair your file.  Call anytime on 1300-327123.

DCPS works for you on a success fee basis.  Unless your file is repaired there is no final payment for our service.

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Divorce finance

Divorce-finance

DCP Capital has developed what it believes is a first.  It has developed a divorce finance solution it can tailor to ensure all parties to a property settlement get a fair deal.

The solution came about when reviewing the plight of divorcing ladies.  Unfortunately, in some cases, the ladies lacked the financial strength to achieve a just and equitable deal.  A fair deal.

Divorce can be an expensive process involving legal concepts and consuming emotions.

The emotional toll can be higher when a divorcee’s assets are being dealt with.

If you want to discuss getting a better deal in your divorce, call us to discuss our divorce funding litigation service – call anytime on 1300-327123.  Alternatively, have your lawyers call us to discuss proper funding.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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DCPLH v Swan – current projects (divorce funding)

Divorce-finance

(Work in progress, more details to follow on this page).

DCPLH is currently engaged in litigation, as funder, of the settlement of a property dispute between a formerly married couple – the Swan’s (as at 2 June 2019).

DCPLH has developed a revolutionary service of divorce funding of litigation which it is currently trialling.  The same service may be applicable to wills and estate disputes.

To discuss divorce funding, litigation funding or otherwise – please call us anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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DCPLH v Caernarvon Cherry Pty Ltd – service agreement

Biteroit - 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.

The claim seeks damages of upto $621,000 plus legal costs.

The matter is in the NSW District Court.

DCPLH has filed this statement of claim in late September 2019 with a defence due by the late 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.

To view our main Caernarvon Cherry page – click here.

To view our main Hall family page – click 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.

 

 

Updated: 6 November 2019.

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Craig Matthew Adams – former proprietor of Golden Arrow, Mikara Developments, Bargo Developments, Key Asset Management and more

craig adams

Craig Matthew Adams (“Craig”), who lists his occupation as “investor”, is a former company director.

Craig came to DCPLH’s attention related to several insolvent companies liquidated in mid to late 2018.  The group of companies includes:

  1. Golden Arrow International Pty Ltd
  2. Bargo Developments Pty Ltd
  3. Mikara Developments Pty Ltd
  4. Mikara Investments Pty Ltd
  5. Greenviews Castle Hill Pty Ltd

Craig is personally bankrupt.  A copy of the sequestration order is viewable here.

Craig was personally liable for a debt of $4m (plus interest) from Mohan KumarDCPLH is the assignee of Mohan Kumar for the fruit of that debt.  DCPLH is also the assignee of Reliance Leasing for a small debt owed by Craig and Bargo at the time of Craig’s bankruptcy.

Craig was made bankrupt on 13 December 2018 by a debt owed to Australasian Property Group Pte Ltd (“Australasian”).  Craig trustee in bankruptcy is Andy Scott of PWC.

Presently, Craig’s debt to Australasian is $2,059,753.46 (as at 31 May 2019).  Australasian are yet to recover the alleged debt (as at 31 May 2019) according to published documents.

Craig’s creditor’s report is available for inspection here.

 

 

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Hakan Kutup – former proprietor of Century 21 Ultimate Wollongong

Hakan Kutup

Hakan Kutup (“Hakan”) is the former proprietor of HKJS Holdings Pty Ltd (in liquidation).

HKJS previously trading as Century 21 Ultimate Real Estate in Wollongong.

Hakan now appears to work for another ‘entity’ named Ultimate Real Estate (despite the below).

His profile suggests he is involved in “residential sales” and the provision of ‘advice’?

Hakan may or may not be well positioned to provide ‘advice’?

On 2 April 2019, Hakan was declared bankrupt.

A copy of Hakan’s sequestration order is available here.

According to the sequestration order, Hakan’s trustee in bankruptcy is Bruce Gleeson.

We have been engaged to recover money from Hakan’s estate in bankruptcy.

It is now believed that Hakan is an unlicensed real estate agent (if a certified real estate agent at all?).

Hakan is listed as having an expired real estate practising certificate*.

Anyone thinking of engaging Hakan in any real estate matter should consider reviewing the official licensing website to check whether Hakan holds a current licence at the time of any transaction contemplated?

 

Source:  https://www.onegov.nsw.gov.au/publicregister/#/publicregister/result  (search dated 2 June 2019).

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DCPLH v Bargo Developments Pty Ltd (in liquidation), Craig Matthew Adams and others

(Work in progress, more details to follow on this page).

Bargo was the one-time owner of 632 Old Northern Rd, Dural NSW purchased from Mohan Kumar (with assistance from Ralph Paligaru).

DCPLH is the assignee of the secured debts of Mohan Kumar, Reliance Leasing, and Ralph & Amreeta Paligaru (owners of Dural Alliances Pty Ltd).

Together DCPLH is owed some $6,000,000+ as assignee of these debts.

To discuss this project, litigation funding, Bargo, Craig Adams, Australasian, Ralph Paligaru or others – call anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

 

 

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POE v HKJS Holdings Pty Ltd (in liquidation) – receivership

Hakan Kutup

Since our last blog post, this matter has moved along somewhat.

HKJS Holdings Pty Ltd (in liquidation) (“HKJS”).

HKJS formerly traded as Century 21 Ultimate (Wollongong).

Its director at the time was:  Hakan Kutup (see separate page).

In or about mid 2018, Century 21 removed HKJS of their C21 franchise.  HKJS’s creditor’s report suggests it owed Century 21 $85,362 in total – perhaps unpaid franchise fees?

The same report suggests HKJS owed the ATO a further $187,590.

In or about 2 April 2019 Hakan was declared bankrupt and a sequestration order issued over his estate.  A copy of the sequestration order may be viewed clicking this link.  It is unknown whether Hakan presently holds a current real estate practising certificate (as at time of writing – 2 June 2019)?  According to his real estate profile – Hakan is a real estate agent engaged in residential sales.

Anyone who’d like to discuss Hakan or HKJS can call us anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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DCPLH v Golden Arrow International Pty Ltd (in liquidation)

golden arrow 3

Golden Arrow International Pty Ltd (in liquidation) (“Golden Arrow”) is a creditor to DCPLH (as the assignee of Ralph Ignatius Paligaru, Amreeta Paligaru and Dural Alliances Pty Ltd, together “the Paligaru’s”).

Craig Adams was the director of Golden Arrow and other companies placed into liquidation in mid to late 2018.

Golden Arrow was the owner of a large development site sold for $16,700,000.

DCPLH is the assignee of the Paligaru’s debt where it seems, an unsecured creditor, Australasian Property Group Pte Ltd may have been paid a preference payment (in preference to the Paligaru’s, our assignors) or the payment and the security it received may be voidable?

These alleged facts may become the subject of litigation before the NSW Supreme Court in the coming months (as from June 2019)?

Anyone interest to discuss Golden Arrow, Craig Adams, Australasian or the Paligaru’s can call us anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.