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

Fiona Hall packing her bags

Thursday 14 November 2019, 5.50pm

Dear potential claimant,

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

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

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

With:

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

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

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

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

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

Biteroit - Caernarvon Cherry

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

Caernarvon is essentially a fruit packer and marketer.

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

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

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

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

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

Its directors are:

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

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

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

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

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

Present known cases against Caernarvon Cherry

 

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

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

Other links

 

DCPLH v Caernarvon civil claim page – click here.

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

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

To view our main Hall family page – click here.

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

Contacting us with or for more info

 

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

 

 

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

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Bernard & Fiona Hall – property holdings

Hall family tree of businesses

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

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

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

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

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

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

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

Hall family tree of businesses

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

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

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

Frederick Charles Hall – father

Pamela Therese Hall – mother

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

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

Hall family tree of businesses
Hall family tree of businesses

 

 

 

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

 

 

 

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Hakan Kutup arrested, what next?

Hakan Kutup

Arrest

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

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

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

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

For other victims

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

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

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

The previous dealings could be involving persons who have:

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

No amount too big or too small.

Hakan’s family in property

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

Other remedies

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

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

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

NSW Fairtrading class action

join