Dural Alliances Pty Ltd (in liquidation) – profile

Ralph & Amreeta Paligaru

revised in part on 15 and 16 December 2020 by Mark Smith

Below are the personal opinions (unless stated otherwise) of Mark Smith.

Public interest

Dural’s director is Ralph Ignatius Paligaru. Ralph purports to have connections to people in extremely high public offices in Fiji – Cabinet Ministers some having, he claims, attended a Marist College as a Schoolboy in Fiji where he has said that he formed relationships with persons later coming to occupy, as I mentioned, high public offices in Fiji. It is believed that some of these connections include to persons within the Reserve Bank of Fiji, Fiji Hardwood Corporation and a number of Government Departments and elsewhere. It is believed some of the below may be of public interest to those trading with persons and dealing with government officials, in some instances, in Fiji as well as interest to foreign persons providing aid or other support to Fiji or otherwise. It may also be of interest to Australians & Chinese – Australia contributes a substantial sum of aid to Fiji (China is also reported to provide aid to Fiji), so naturally have an interest in the good governance of the Country of Fiji – one of Australia’s regional neighbours together with an interest in efficient and proper utilisation of the Aid provided by our nation to Fiji. Regrettably, Fiji, it is reported, has corruption problems as do other countries within the region. The below may also be in the public interest of persons from or interested in India. The public interest of Australia may also be involved – Ralph and his employer (discussed throughout this blog, a man named Mohan Kumar) lobbied and received Visa’s and had other legitimate dealings with officials and public office holders in Australia. The solvency of corporations in Australia, their proper or improper registration of companies or otherwise, to provision of finance guaranteed by “mums and dads”, the rates of interest charged (in this case compounding at 6% PER MONTH IN DEFAULT, e.g. >72% per annum) and other factors are also believed to be of public interest.

About the company and its director

Ralph is the public officer of a company named Mills Management Fiji Pte Ltd – company search available here. The search records the registered address of Mills Management as Dreketi, Labasa, Fiji. The asset – Mill – that Mills Management Fiji Pte Ltd runs – is the Dreketi Mill, Dreketi, Labasa, Fiji.

As mentioned, Ralph is also a former director of Dural Alliances Pty Ltd (in liquidation).

Dural Alliances Pty Ltd was incorporated on 28 July 2017 with Ralph’s as its director and secretary. Craig Adams was, according to Ralph, involved in the registration of this company later obtaining the consent of Ralph. Later Ralph gave sworn evidence to the NSW Supreme Court, in part stating the followings:

This statement raises issues of public policy – people becoming shadow directors amongst other things.

Dural Alliances was placed into liquidation by order of the Federal Court of Australia – click here to view court order. The Plaintiff in the windup was DCP Litigation Holdings Pty Ltd.

Particulars of the debt and proof owed by Dural to DCP Litigation can be found here (the debt was not disputed, the windup was not opposed).

Dural, Ralph and Amreeta caused funds to be borrowed of $540,000 using their family home at 88 Perfection Ave, Stanhope Gardens as security for the loan advanced by Franklin Yeezy Holdings Pty Ltd.

A mortgage (variations sought by John Mahony of Mahony Law) and a deed (the deed preparation appears to have been witnessed by the Paligaru’s solicitor John Mahony of Mahony Law) and the Deed purports to have been entered in August 2017, a couple of days before the Franklin Yeezy advance. The mortgage of Franklin Yeezy was prepared, to the best of my knowledge by David Lalic of Strategic Legal. Ralph gave sworn evidence that Mahony Law was paid for their services as follows:

Pursuant to the deed, Dural, Ralph and Amreeta apparently received a charge over land belonging to Craig Adam’s company Golden Arrow International Pty Ltd as security, being land in Warriewood in return for the sum of $540,000. The deed was entered on or about 4 August 2017 – apparently in front of his solicitor John Mahony of Mahony Law, however a caveat was not registered until about 6 December 2017 – some 4 months laterclick here to view the caveat.

Related facts? Missing facts? Missing motive?

Precisely what would motivate Ralph and Amreeta to mortgage their house (where the default interest rate was compounding at 6% PER MONTH, i.e. >72% pa?)

Prior to entry into the Franklin Yeezy mortgage, Ralph entered Heads of Agreement (discussed in the Profile of Ralph Paligaru – click here to view) – which appears to have been signed around 24 April 2016. Ralph was Power of Attorney for Mohan Kumar and in the following weeks (May 2016) Ralph used his Power of Attorney for Mohan Kumar to execute a contract of sale to sell Kumar’s Dural Land to Craig’s companyBargoASIC search available here. The writer does not suggest the election to sell was not the legitimate wish of Kumar.

It is clear from the ASIC search that neither Ralph nor Mohan Kumar were ever the registered owner of any shares in Bargo although the vendor terms / mortgage between Mohan Kumar and Bargo entitled the vendor to accept shares in Bargo under certain circumstances (e.g. if Bargo was in default) – see mortgage.

Moreover, Craig Adams provided to Ralph (POA for Kumar) all the shares in Bargo as security for a vendor loan (if Bargo was in default under the $4m vendor loan?).

To the best information of the writer, neither Mohan Kumar nor Ralph elected to transfer or accept shares (or transfer the Bargo shares despite holding a signed transfer available to transfer the shares to whoever they’d like under the vendor mortgage / terms.

It is unknown what happened to the Heads of Agreement – it is unknown or unclear from the Heads of Agreement if Craig (or Ralph) held any shares ‘on trust’ for another person or persons – e.g. Mohan Kumar?

Ralph made written and then oral admissions to me in mid 2017 that the Heads of Agreement was “my deal” – click here to view the email containing this admission.

But this still does not explain why Ralph and Amreeta mortgaged their house and provided $540,000 to Craig or for the benefit of Craig? The precise benefit (if any) that Ralph and Amreeta thought they would receive is unknown? The writer supposes that the email from Ralph to myself dated 8 June 2017 may provide clues where it states the following:

Dural Alliance’s demise

Ralph Paligaru, the sole director of the company, had notice of the winding up of Dural Alliances but did not attend court nor contest or defend the alleged debt owed to my company in any way. Accordingly, the court, by issuing the windup order was, I believe, satisfied that Dural Alliances owed the sum alleged to the Plaintiff – DCP Litigation Holdings Pty Ltd (or at the very least owed in excess of the statutory minimum sum required to order the windup of a corporation AND that there was no dispute at all that the sum, or at least the minimum required sum, was owed to the applicant company, DCP Litigation Holdings Pty Ltd).

What is known is Bargo is now in liquidation, Craig is bankrupt. Dural Alliances was placed in liquidation in February 2020 in the Federal Court of Australia by my company, DCP Litigation Holdings Pty Ltdsee the attached court order – click here. DCP Litigation Holdings proved a debt owed to it by Dural Alliances in the amount of $179,999.82the same source of debt alleged in order to windup that company – court order obtained here.

A copy of the report to creditors of Dural Alliances can be viewed by clicking here.

A copy of the originating process for the windup include:

Creditors statutory demand

Affidavit of service

Originating process to Federal Court

Court listing particulars

Affidavit of debt

Windup order

Other matters / co-incidences?

In around April 2020, Ralph sold 88 Perfection Ave, Stanhope Gardens to satisfy some of the mortgages or charges however a 3rd charge to my company was not discharged and the caveat protecting that charge was withdrawn.

Coincidentally, the first mortgagee that was paid (as is usual) from the sale of 88 Perfection Ave, Stanhope Gardens was also linked to the mortgagor of the Dural land through lender Pacific8 – whose director is a man named Adam Tilley – a person infamously (so it is reported) being victim of a firebombing involving convicted murderer Ron Medich and his victim, Michael McGuirk. The writer is not suggesting Mr. Tilley is other than Mr. Paligaru (and Craig Adam’s) lender.

In or about February 2020, Pacific8 (the holder of an AFSL) loaned money under a 1st mortgage to Ralph and Amreeta. Pacific8 (is the holder of an AFSL). Pacific8 also loaned money to Craig’s company Bargo through a series of controlled companies, e.g. N&M and Kesinda. These loans to both Craig and Ralph are most likely just a coincidence, the writer does not suggest any wrongdoing by Adam Tilley’s Pacific8 (the holder of an AFSL)?

A further coincidence is that Adam Tilley’s Pacific8 (the holder of an AFSL) and Franklin Yeezy share the same lawyer – Summer Lawyers a firm who does specialise and act for a large number of Sydney based private lenders (such as Pacific 8).

The writer is only opining that “its a small world” and does not suggest or imply any wrongdoing.

The writer also notes that Mr. Tilley is not associated with Franklin Yeezy Holdings Pty Ltd.

A copy of the report to creditors of Dural Alliances can be viewed by clicking here.

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What is a liquidator?

What is a liquidator

A liquidator is a person appointed, in the winding up of a corporation, to assume control of the company’s affairs and to discharge its liabilities in preparation for its dissolution.  The appointment of a liquidator may be done voluntarily (by the proprietors) or via the courts (usually upon the application of a creditor – very often the ATO using a creditors statutory demand).

The process of the liquidator conducting the affairs of the company and realising its assets is called liquidation.

The liquidator’s role is to ascertain the liabilities (and assets) of the company, convert its assets into money, terminate its contracts, dispose of its business, distribute the net assets to creditors and any surplus (which is rare) to the shareholders and/or proprietors.

The liquidator will extinguish the company, lawfully, as a corporation on the records of ASIC by formal dissolution.

In determining the assets of a company, it is the liquidator’s duty to determine whether particular assets under the company’s control are owned by the company or others – i.e. stock may be purchased subject to a retention of title, vehicles may be on a corporate hire purchase and secured via a PPSR.

BAP can assist company directors to structure their assets and affairs, if not insolvent, in such a fashion to provide lawful asset protection.  To discuss how we can help to structure your company’s affairs and assets to provide maximum asset protection, please click here to book an appointment, call 1300-327123 (1300-DCP123), or complete the below form.

Bernard Hall – companies in liquidation

Bernard Francis Hall

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

These companies include:

All 4 companies have DW Advisory as liquidator.

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

 

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Correct as at 14 November 2019.

Fiona Hall (packing her bags) – profile

Fiona Hall packing her bags

How does someone become a Nuffield Scholar?

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

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

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

Here Fiona ‘champions’ access for growers to data.

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

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

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

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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Bernard Hall – updated profile

Bernard Francis Hall

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

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

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

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

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

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

To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

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

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To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

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.

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.

ATO kills huge liquor business overnight … 

We’ve been researching the circumstances of a once highly successful liquor manufacturing business, with a huge client base – domestically as well as around the world.

This business had grown and prospered for more than 50 years until this year.  This hard work was all undone overnight when it was wound-up by an aggressive ATO.

Our research indicates some or all of the situation could have been avoided with more thoughtful structuring and asset protection arrangements.

The business was wound up, more or less overnight, by the ATO.

50 years of hard work bought undone overnight.

Business Asset Protection, applying the research this case has uncovered, is offering free business structuring health checks for companies – particularly in high tax sectors such as liquor, with slow paying wholesale customers or those experiencing growing inventory levels.

To arrange a free structuring health check call now on 1300-327123 or complete the below form.

 

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What is insolvency?

Insolvency in general terms, as it relates to a corporation, is the inability to pay debts as and when they become payable.

A company is also insolvent if it is experiencing an ‘endemic shortage of working capital’ as opposed to a temporary lack of liquidity.

Determining the difference at a point in time during the corporation’s life is a question for a court to determine .

Indicators of insolvency include:

  • continuing losses,
  • no access to alternative finance,
  • the inability to raise further equity,
  • special arrangements with selected creditors,
  • solicitors’ letters or judgments issued against the company,
  • overdue taxes,
  • failure to keep books and records, etc.

The list is indicative and not exhaustive.

Companies experiencing any or all the above indicators should book a free consultation by clicking here then where we’ll provide you with company specific advice re insolvency in your instance.  Alternatively call us on 1300-327123 (till late) or complete the form below.

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

632 old northern rd dural photo

revised in part on 15 and 16 December 2020 by Mark Smith

Bargo was the one-time owner of 632 Old Northern Rd, Dural NSW purchased from Mohan Kumar (under POA, executed by 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 (i.e. the Kumar assigned debt and the Paligaru/Dural Alliances assigned debt).

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.

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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