Mark Smith of DC Partners (Solutions) Pty Ltd sets the scene and discusses those villains or possible villains that we’ll be discussing throughout the remainder of the Season and subsequent seasons.
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:
WCMBF Super Pty Ltd is bidder 23 from the auction held on 24 July 2019 in Orange.
The shareholders and members of WCMBF Super at Bernard and Fiona Hall.
Presuming WCMBF Super is the trustee of a super fund, it is assumed that its members are also Bernard and Fiona Hall who are in fact ‘trustees’ of funds within WCMBF.
As bidder 23, WCMBF bid the following sums:
Melrose orchard, 253 Nancarrow Lane – bid $2.1m
Brooklyn orchard, 135 Nancarrow Lane – bid $800,000
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:
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 labour hire company, 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.
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.
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’s Shed, it would appear that Caernarvon may not have a going concern business or may require to relocate to other non purpose built facilities?
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).
To contact us with any tip-offs, files or information – please use the instant chat tools or form below:
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.
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.
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).
To contact us with any tip-offs, files or information – please use the instant chat tools or form below:
The previous dealings could be involving persons who have:
not had rental bond’s deposited correctly,
had suspicious charges added that they were not expecting,
made previous complaints to NSW Fairtrading,
received late rental payments,
received no rental payments,
not received rental bonds back at the end of a tenancy or otherwise.
No amount too big or too small.
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.
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