Many R’s Podcast – S1E7

The Many R’s Podcast – S1E7

0:01 Introduction

0:33 Recap – what is the Many R’s Podcast about?

1:18 Where are we?

1:30 personal update

1:49 Lockdown, Insolvency, Jobkeeper, Jobsaver, Services NSW

2:41 Bunnings Gift Cards

2:59 Hakan Kutup

3:24 Matthew James Taunton / Abel Agency / Wiseberry Real Estate Box Hill NSW.

4:08 Gregory John Walker – The Archibald Gosford, his receiver, 131MVR

4:35 Caernarvon Cherry / Bonny Glen Fruits Pty Ltd (in Liquidation), Bernard & Fiona Hall

4:59 AFSL – Snowgums Hospitality Fund (Orange NSW), Snowgums Heritage Blog

https://www.snowgumsretreat.com/categ…

https://www.dcpartners.solutions/snow…

6:53 Ralph Paligaru update

7:04 Mohan Kumar / Chhota Rajan update

12:55 Dural Alliances Pty Ltd (in liquidation), Ralph Paligaru, Bargo Developments, Australasian Property Group Pte Ltd etc – litigation funding update.

15:05 APG / Ian Jordan / Ralph Paligaru, Dreketi Timber Mill

17:02 Ralph Paligaru – Bankruptcy update

20:14 wrap up – Mohan Kumar / Chhotta Rajan, Dreketi Timber Mill, Ralph Paligaru, Craig Adams – what to expect in S1 Episode 8.

21:20 how to contact us

21:30 credits

Podcast – homepage – click here.

Transcript:

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more. the many R’s podcasts, it’s about a whole bunch of R’s – season 1 episode 7 i’m your host mark smith from dc partner solutions. come and visit us on our website anytime www.dcpartners.solutions/podcast

otherwise give us a call 1-300-327-123, until late usually, we love talking to people or you can instant message chat with us in our website www.dcpartners.solutions/podcast
bottom right hand corner use the instant message chat tools. thank you and welcome all right so let’s just have a quick recap about what is the many rs podcast is about and it’s certainly about uh all the rat bags and rogues and rip-off artists and sometimes about some receivers some real estate agents some uh some rackets uh and the likes but uh we’re certainly here to have a look at uh some corporate villains uh there hasn’t been so many travel rip-offs lately so uh so that’s good because we can’t travel anywhere um government malfeasance well that nothing’s uh specifically come onto our radar, so there’s nothing there to talk about some iffy lawyers we’re going to get into uh a little bit of that a little bit later on um insurance racketeers uh all sorts of racketeers and awards uh bankers and receivers well uh i don’t think we’ve got anything in this specific episode to talk about racketeers banks and receivers so let’s move on to where are we uh we’re going to have a look at some of the specific things that are on our mind at the moment. so uh as i’ve mentioned in some of the other episodes … i’ve really got a squeaky chair um i love the squeaky chair it gets the oil …. um but it has been a massive year for me personally uh it’s been obviously this covered thing but i’ve just completed my juris doctor to go with my masters of business administration and i’ve now embarked on to practical legal training and uh i’m 1/6 th of the way through that so that’s so that’s quite exciting uh. what isn’t exciting is a lockdown, and one gets the feeling that there’s going to be all sorts of things that will become themes in coming months the lock down this uh undoubtedly there’s reports every night on the news about small business suffering um and uh so i guess what that means is insolvency and that just happens to be a space that um we are really we’ve been very interested for a long time in insolvency and pre-insolvency company structuring, corporations law and so on so um with uh certainly with my MBA – the master of business administration –
i’m sure uh we can offer some valuable insights so if you’ve got a problem uh involving any of these things: the lockdown, insolvency, job keeper, the ato, tax debts – you name it, services NSW, oh my gosh uh getting funds out of them well it’s just obviously it’s it must be a honeypot for all of these things so um and yeah look sure that probably slows the process down for the the honest business people so uh watch for this to be a theme in coming weeks, now um bunnings gift cards.
um it’s probably not the uh uh not the number one rort that comes to mind but uh you know we’ll be doing a very small episode / segment on the bunnings gift card rort (soon) and uh that is uh it is absolutely rubbish it is a rubbish that’s that’s. and we catch with Hakan Kutup, our great mate from season 1 episode 1 um i i had a look uh just to see exactly what jail he’s in and uh no one knows um well you can’t find out off the uh services you know what the correctional services website yeah Hakan’s got privacy anyway um look a bit of an update on our buddy hakan, um there’s been orders for the sale well um for possession of his house so um but uh he’s got the uh covered reprieve so that one’s coming up now we’ve got another budding um um matthew james taunton now whether he’s a budding he can’t cut up or not uh time will tell but um matthew james taunton from abel agency uh was called wiseberry uh at uh box hill uh that box hill is in the northwestern suburbs of uh sydney well this matthew james taunton is one to watch so if you’ve had any dealings with matthew james taunton uh drop us a uh a message on the instant chat tool www.dcpartners.solutions/podcast we’d love to hear your thoughts on matthew james taunton now make sure we put up a matthew james taunton fan club page uh abel agency or wiseberry real estate so he’s our real estate star of the month um our former centerfold if you like gregory john walker nothing to report there actually i think greg’s been a a very good boy uh of late so um uh well the only thing i’ve got to report is that um one of his uh one of his receivers had a huge loss so uh greg walker the archibald uh project up in uh gosford they might actually uh that might actually go ahead so good on you mr walker um Caernarvon Cherry Pty Ltd uh Bonny Glen Fruits Pty Ltd (in liquidation) and uh bernard and fiona hall well just the very quickest of updates there um uh they had a two-day session in front of the chief judge in equity um in the NSW supreme court uh there so uh look i’ve heard various things and uh you know apparently it was a apparently it was sensational so uh watch this space um AFSL we’re going to touch on that now we’re actually uh i’m living out in Orange, NSW. i think i’ve mentioned that a number of times and loving it out here it’s been very cold um and for those that are interested i do have a heritage blog that you can um that you can uh have a look at so i think you i’ll make sure i throw in a link uh down below um on youtube uh it’s called the snowgum’s heritage blog https://www.snowgumsretreat.com/category/snowgums-blog

or something so uh maybe you just type in mark smith snow gums or something and uh and a podcast so it’s a video podcast series and uh what’s been going on anyway um look we we’re under our ifs we’re actually very seriously uh going to put up a uh a hospitality fund uh it’s uh it’s going to be extremely low risk uh real estate based we’ve got some well it won’t just be uh hospitality i suspect but anyway we’ve um expressed a few interest bits of interest in a couple of uh projects uh here in orange and um look there’s no there’s no tourism just at the moment and uh like none uh obviously because of code but there are i’m convinced absolutely wonderful opportunities uh we ran on airbnb here at um uh snow guns and uh for those that are interested uh send me a message uh instant message chat tool uh bottom right hand corner um uh dc partners dot solutions slash snow gums there you go i’ll make sure that there’s a page up and you can uh you know you can park some dollars now you have to be a sophisticated or wholesale investor um to participate so it’s not open to retail mum and dads but um uh and look honestly the returns are probably going to be fairly low this is very low risk but there may well be some good capital returns and uh some capital uh some capital growth oranges for those that well i’ll make sure that we put up a whole bunch of links but uh unsurprisingly uh regional australia is apparently booming uh so um uh the demand to get out of sydney and melbourne and brisbane uh is is gigantic so i’ll make sure i put in every link i can think of if you want to see a copy of our information memorandum www.dcpartners.solutions/snowgums

and uh we’ll make sure that you can see that so all right and moving along uh we now move on to one of our very favorite rs and that’s ralph ralph paligaru but not to be outdone uh john mahony, mohan kumar um and chhota rajan now chhota rajan is uh ralph’s best buddy um ralph will go to uh ralph will get in the trenches for uh his those he loves and uh boy does he love this mohan kumar bloke so ralph paligaru he holds a power of attorney for mohan kumar but who’s mohan kumar you might ask well mohan kumar was a bloke that entrusted ralph with his fortune known as 632 old northern road at dural and uh mohan kumar’s lawyer was none other than uh the illustrious uh and most experienced uh john mahony from mahony lawyer uh or is it mahony lawyers um and anyway uh mr um mr mohan kumar hopped on a plane at um in october 2015 and uh landed in um denpasar in bali and waiting there was interpol upon arrival and uh he was uh subsequently extradited off to india um and apparently uh apparently according to interpol uh mohan kumar is uh is in fact a guy called chhota rajan well um so that’s a bit of excitement for you uh not every day you uh you you get to talk about fugitives and ralph is besties with a fugitive and um well chhota rajan made all sorts of news uh in a few months ago he um after episode 6 i think it was uh he caught covered which is a real problem because um uh you know if you’re uh if you’re dead um ralph paligaru can’t be your power of attorney and uh who knows whether mohan kumar has a has a will i mean who knows so mohan kumar is um allegedly chhota rajan i don’t know i’ve never met i can i’ve met uh john mahony i have met ralph paligaru i’ve never been to india i don’t know i’ve never talked to mohan kumar i have no idea if mohan kumar is chhota rajan but interpol people think so and um well uh chhota rajan was um diagnosed with covid19 when all the india problems were you know the thick of things so i imagine poor old ralph had a few sleepless nights because uh with the assistance of john mahony uh john francis mahony of uh uh mahony law or mahony law ralph paligaru is in um the supreme court of new south wales running a court case saying that um uh mohan kumar has been cheated out of millions and millions of dollars now i don’t know whether the um john mahony is you know as a super experienced uh lawyer and i’m sure he’s completely on top of the felons civil procedure uh civil proceedings act uh and the civil proceedings act says well you know if you’ve been convicted of a crime oh now chhota rajan now this could all be a terrible uh case of mistaken identity but uh mohan kumar is being held under the name of who’s not chhota rajan but we’ll just call him chhota rajan that’s um ralph c mohan’s power of attorney he’s being held in a uh the biggest prison in um uh in india apparently with all the uh the top fugitives and um uh

that that does not stop john mahony and um ralph paligaru seeking justice justice for mohan kumar and they’ve uh they’ve decided uh to sue the torrens assurance fund ralph paligaru gave away the title deeds to 632 old northern road to our great mate craig adams craig matthew adams of golden arrow and bargo developments not to forget that he borrowed personally i was at about 1.6 million dollars from australasian property group but anyway ralph gave away just handed on a platter uh the title deeds to 632 old northern road to his great mate craig matthew adams now it’s unsurprising that he would do this because uh craig matthew adams yeah well craig matthew adams and uh ralph paligaru have a very secret side deal uh where ralph gets a 20 interest in a private hospital not bad not bad so um uh ralph also um i can’t neglect to to mention real estate agents jon brookes from brookes partners um now uh jon brookes from brookes partners is an old buddy of ralph’s and so ralph uh gives the listing he’s a power of attorney he has the entitlement to uh uh enter a listing agreement but he enters a listing agreement ralph does where ralph gets a kickback uh is it um look i i i’ve gone vague on the um on the details but uh it’s uh it’s a property that’s sold uh for allegedly 5.5 million dollars in um in may of 2016. and uh ralph hands over the title deeds to his great mate um and uh 80 confidential joint venture partner um craig matthew adams uh and in return um uh he expects a kickback from uh brooke’s partners um now he doesn’t get one but he expects one and uh ralph even asked me to go and sue um he gave me the the debt and said go off and sue if you wouldn’t mind go off and sue jon brooks from brookes partners and so anyway it’s a long story um ralph’s not a uh not a real estate agent but uh he’s a businessman uh according to his um affidavits ralph is a businessman and ralph’s the type of businessman that uh can turn six million dollars into well five and a half million dollars into uh 1.5 million dollars he’s that type of businessman uh not to forget the dreketi timber mill in fiji.
uh which is uh defunct now and um anyway um all of this apparently uh entitles i’d have to i’m not a lawyer so um or not yet anyway i’m a graduate with a um a juris doctor and i’m studying uh um practical legal training sorry i’ve gone blank there so i’m not john mahony i don’t have his wisdom and uh i don’t know how uh that’s all the fault of the torrens insurance fund handing craig adams the title deeds and handing him um uh withdrawals of caveat and all the rest but anyway apparently that is the um that is the fault of the torrens assurance fund and so uh a fugitive uh apparently uh called mohan

kumar ought to receive millions and millions and millions of dollars from the torrens assurance fund well not to be outdone ralph and amreeta paligaru have also got their hands out and they’re seeking um uh i don’t know hundreds of thousands of millions of dollars i suppose for themselves so uh that’s what ralph’s been up to um now he’s defunct company uh called dural alliances pty ltd (in liquidation). uh you may remember ralph put up his um family home uh and borrowed money $540,000 uh at 6% interest a month uh it’s really exciting uh to do that it’s thrilling and hair raising and all the rest uh and then just to add to the um uh excitement uh well why wouldn’t you give that $540,000 to craig matthew adams because um australasian property group apg that’s uh maya and ian jordan that’s their company from singapore well they’ve given um craig matthew adams at 1.6 million or maybe it’s 1.5 million as a personal loan, unsecured. i mean wow um so anyway that turns into that turns magically now they didn’t have john mahony as a lawyer they had the wonderful uh excellent multinational law firm called baker mckenzie and now i’m certainly not saying that john mahony is in the same class as baker mckenzie but anyway maybe they’re who knows anyway well bargo uh bargo uh got wound up as did golden arrow so unfortunately um ralph’s $540000 he’s gone but the 6% interest a month bill that’s still there and uh so that’s that’s when we come to the bankruptcy update a little bit further down below but anyway um so uh golden arrow and bargo are in liquidation and uh i’ll make sure we publish uh i’ll give you a look at the uh the the documents uh there was a wonderful creditors meeting i went to uh a couple of weeks ago in um my telephone uh that’s what you do in the Covid19 era and um well uh the liquidator of golden arrow & bargo has a giant fat uh pile of money now to go litigation funding and to get back uh ralph’s $540,000  except uh you know that went to apg and apg uh as i said they didn’t have john mahony as a lawyer they had uh baker mckenzie and they were able to turn a private loan into a secured interest for no consideration in a wonderful piece of land in warriewood and they happened to jump the queue uh in front of poor old ralph and only to the tune of $540,000 uh and uh they also got they jumped the queue and i think they walked out with $700,000 for of bargo’s money for no consideration how how wonderful is that so that’s what you get with baker mckenzie i mean they are geniuses um so uh apg uh is that’s australian property group ian jordan and maya i cannot pronounce her surname but uh wonderful lady i’ve met them both i’ve sat in their board room in singapore and uh they are high flyers in fact merrill lynch or kkr or one of those mobs are their investors and these guys are very bright and haven’t they got wonderful lawyers so uh heading off to drake timbermill now um i don’t know how uh ralph’s i can’t give you any updates because of covid it’s just been terrible but um uh dreketi timber mill uh had the unfortunate um adventure event of a cyclone smashing it to bits and i don’t know whether uh there was any sleepless nights for ian jordan because he and jordan uh from australasian property group the same bloke that uh loaned uh craig matthew adams was at 1.5 or 1.6 million dollars unsecured and then turned that into a security interest in mohan kumar’s uh i mean this is the most incestuous … you know in crazy story but anyway it gets even crazier ralph uh and ian jordan head off to fiji and go and start a company um and uh so ian jordan (an aussie)
from singapore decides to go to fiji because he’s always wanted to uh and started going to business with ralph and i’m sure that it had absolutely no nothing to do with the $700,000 that apg walked out for um of bargo’s money that once upon a time once upon a time was uh part of mohan kumar’s fortune well you know it’s a very sad and tragic story well maybe uh now once the lockdown’s over ralph has um it’s today’s friday the 13th friday the 13th of august will ralph has been repatriated back to australia apparently ?

i’m not in sydney i haven’t been able to catch up with my great mate ralph but maybe ralph and ian jordan can um can talk about their joint venture business in fiji uh how things are going and ralph may be able to commiserate with apg about uh having to face the having to hand back the 1.6 million or 1.5 million of uh preference monies uh allegedly that they’ve got uh from craig matthew adams and bargo and golden arrow so uh it’s all very very exciting. uh bankruptcy update now i can’t say too much uh because this is before the courts but uh maybe i can just say as a matter of fact um ralph uh ralph has signed a uh consent judgment so he uh consented to the to the entry of a judgment uh in the event he didn’t pay back money and uh surprise surprise ralph didn’t pay back money so anyway he he borrowed a whole heap of money from uh reliance leasing who have a wonderful director a man called garry steinberg who um garry has been very near to my heart in um in past years and uh what could i say ralph has known garry longer than me so that is a fact and so look maybe in the next episode we’ll we’ll talk about some of the past tricks oh well just what i can say about the bankruptcy it’s been held up so ralph borrowed a whole bunch of money from reliance leasing and gary steinberg in august well now it goes back to like 2012 or 2011 or sometime then it was … is that a decade ago??? i mean anyway um so come august 2016 gets rolled over correction ralph and the amreeta and they come ah i guess their company uh i think so i think the company is called ralph paligaru proprietary limited or something like that and uh and there’s another r and uh ralph ran a photocopying business and uh so ralph was really good at um

imaging. let’s just put it that way ralph was very good at imaging. and um well we might have to wait until episode 8 to find out some of the details. coming back to the bankruptcy update um as i said uh ralph and garry steinberg have known each other for longer than i have. okay so um i met ralph in march of 2017. i met garry uh i guess in probably 2014 and uh well thereabouts maybe 13 14 15. sometime there so let’s say four days i’d say it was 14. and um well for longer than that um uh ralph paligaru proprietary limited owed reliance leasing money so i imagine this is sort of ticking up interest and all the rest and anyway 2016 uh ralph gets a wonderful deal, miraculously.
around the same time ralph gets a wonderful interest-free loan i know all these details because they’ve been part of particulars that have been read in open court ralph can say interest-free loan in excess of $100,000 from 2016 and uh it’s interest-free for one year provided that you pay the money back okay so uh otherwise it becomes an 18 per annum loan well it’s now the 13th of august 2021. how much do you think ralph has paid back ralph hasn’t made?

there’s been some court ordered payments but ralph hasn’t made a single single monthly installment

and of course uh his wonderful lawyer mr mahony make has this incredible vanishing uh caveat trick so again i’m not a lawyer i haven’t been a lawyer for 40 years like john mahony, but john no doubt can explain that? and anyway let’s let’s catch up on this in episode 8 because it’s it’s a wonderful wonderful story but just to wet the appetite look i might pop up the um the judgment? and you can do some reading ahead if you like if you’re that keen so that’s it for uh episode series 1 season 1 episode 7 of the many r’s podcast.
um i hope you’ve had an excellent time if you’ve got any questions or you’ve got any information uh you’ve been to tihar jail you’ve heard of mohan kumar, you’re a fan of oh they’re making a movie they’re making a movie on chhota rajan apparently? so uh it’s some sort of uh underbelly series of you know fugitives in india so that’s all very exciting. if you know craig matthew adams if you know Dreketi timbermill? maybe maybe you’re one of the uh creditors of the dreketi timber mill maybe you shared some time with ralph in uh in iso in um what’s it called quarantine in hotel quarantine? uh does ralph owe you money? um and uh so ralph’s ralph’s milking the system uh brilliantly and uh and so managing to avoid uh bankruptcy for the time being so let’s let’s watch this space and let’s see uh we’ll learn in episode 8 about some of the tricks uh that maybe he got up to uh maybe you know a copy world at uh in um wherever it was seven hills (a suburb of sydney) i think it was uh maybe uh we’ll learn a little bit about that so thanks for tuning in and we’ll talk to you next time on the many r’s podcast. if you’ve got any questions as i said give us a call 1300 32713 or go to our uh bottom right hand corner instant message uh us or instant chat with us on www.dcpartners.solutions/podcast thank you

Dear Fred re: Caernarvon Cherry’s gigantic payroll fraud

centrelink

9/1/2021

Below is an extract of a letter written several years ago (on about 15 April 2017) by Andrew Gartrell to the Hall family patriach, Fred Hall and no doubt his wife Pam Hall, parents of Bernard Hall of Caernarvon Cherry and Biteriot fame which goes into a series of dubious transactions or activities conducted by Bernard & Fiona Hall and through their company at the time Caernarvon Cherry.

Would you like to tell us confidentially about your experiences with the Hall family, Caernarvon Cherry Pty Ltd or Biteriot Operations Pty Ltd?

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).

Dear Fred and family,

Firstly I must thankyou Fred for the wonderful times I had in my teens with polocrosse teams that you facilitated and arranged for us. I remember most fondly practise days at Towac Park, carnivals across the length and breadth of the state and your various mentoring and simple wisdoms that you provided us all at that time. I really believe you had a great influence on my early life and my sister and I were very lucky to have become involved with your family at that time.

Curiously through my 20’s / 30’s and early 40’s I saw little of the family except for Bernard and Tim on occasion through our involvement in the fruit industry and neighbours at Melrose. As neighbours Tim and I never really ‘clicked’ and I always felt he had some point or other to win with me. I still enjoyed catching up with David every now and then and the more things change the more they stay the same and I still regard David as a close friend.

Around 5 years I ago I became progressively more involved with Bernard and Fiona and their fruit packing business at Caernarvon. Initially I regarded both Bernard and Fiona as close friends and confidents. I enjoyed visiting them and slowly slowly without realising I got drawn into their web of deception. Curiously David warned me one time 3 or 4 years ago “Garbs be careful these 2 (Fiona and Bernard) are just after your ideas and really don’t give a shit about you’’ – I laughed off David’s words but of course in time I was to understand how he was spot on with his judgement.

Today I am living in the Philippines operating a modest fruit brokerage business near Clark in the Philippines. We trade US, South African, Egyptian, and Moroccan, Australian fresh produce (apples, citrus, stonefruits etc) across around 10 Asian countries principally Indonesia, China and Hong Kong.  I have travelled around the world numerous times in this role (the African continent 4 times in the past 12 months for instance). I live in a modest house with a nice young girlfriend and my past life in Australia does at times seem a long time ago but the actions of Bernard and Fiona and perhaps a small degree Tim have cost me well more than a million dollars in unpaid debts, unhonoured contracts, stolen IP and lost assets built upon 30 years of hard work and sacrifice from my side. The core dishonesty of the Bonnyglenn and Caernarvon companies that drove the fraudulent payroll system / centrelink scams that these companies relied upon to source cheap labour has further unwittingly (perhaps) seen my autistic son Richard given a life sentence of imprisonment in a padded cell house with chipboard windows without a view.

All nonsense you may well say Fred but please read on and see the other side of your golden haired boy Bernard and what along with his crafty alcoholic wife Fiona have done to me ….

  1. In December 2013 I harvested what I believed to be the cherry crop of a lifetime. In a year when cherries were in short supply with solid pricing and I had a big crop exceeding 300,000 kg. There was no rain and the fruit was clean and averaged 26mm with more 28mm than 24mm. It was Caernarvon’s biggest attempt at large scale cherry packing and it was their also their first foray into large scale ‘trust account’ type cherry marketing. Fiona pitched her packing charges at the higher end of the scale to account for the possible unknown.

The crop sold for around $1,700,000. Even the pickers were paid around $350,000 which was deducted from the $1,700, 000 gross sales. Andrew ultimately got paid about $150,000 for the crop net of the Caernarvon charges which was probably a bit less than I spent growing that crop. Caernarvon = $1.2m , Pickers = $350 K , Farmer = $150 K

Put simply Caernarvon ended up with over $1,200,000 of my $1,700,000 gross sales in 2013 to cover their packing and marketing inputs. Only later was I able to piece together the gross fraud associated with the packing of my cherry crop in 2013 and I learned that large amounts of fruit had been directed in bulk or plain packaging to a north coast retailer (amongst others) who was operating a chain of roadside fruit outlets and buying truckloads of cherries from the shed. He paid cash and his truck was loaded after midnight. Contained on the Caernarvon pack out summaries the fruit was cleverly recorded as ‘waste’.

It’s also worth noting that the following year in 2014 Caernarvon dramatically reduced their packaging charges however no refund was ever offered to me.

So from the cherry crop of a lifetime I received less than half of what the pickers received? At the time in January 2014 my life was in a state of flux with the failure of my marriage and Caernarvon was offering many future goodies to me which included a lucrative export services agreement and lease of my farm. I was still blissfully unaware of how the Caernarvon pack outs had been manipulated, nor the extent of cash sales or the simple fact that I had been grossly overcharged in the first packing season as the proverbial guinea pig.

Fiona and Bernard were however waving a lucrative export services agreement and viable lease of my farm under my nose so I somehow shrugged off the disastrous 2013 result and moved on believing that Caernarvon and I were still on the same team.

  • I spent 15 years of my life putting together an alliance of cherry growers with 25 new orchard plantings and over 120,000 trees in districts such as Mudgee, Wellington, Cudal etc. it was a holistic package with agronomic support, fruit packing and export sales. I travelled extensively to Asia and put together a panel of quality buyers and further developed a unique cherry juice product for our endless nemesis being cracked rain affected cherries. It was all done on the smell a proverbial rag and my fledgling enterprises went from one small cash flow crisis to the next but the fundamental vision of an alliance of cherry growers packing under one brand to the export market was very sound. Alongside this Bernard and Fiona were strong in the pocket, had a large shed and were keen to pack fruit for a living. Bernard and Fiona had however few cherry grower clients, no access to the export market or knowledge on processing cherries into juice. It seemed obvious to bring the two entities together and so we did. The financial reward for my bringing the farms, export markets and processing knowledge to the table for Caernarvon is contained is attached to this letter entitled in a contract entitled ‘services agreement’

As you can see in the contract Fiona signed off on a 5 year plus package valued at $7500 per month, plus bonuses and travel costs. The contract was valued at perhaps $600,000 over the coming years for which I would provide export sales and was a return for all of my goodwill (cherry growers, export buyers and cherry juice formula). In turn this gave Bernard and Fiona the confidence of supply to go out and buy the large GP cherry grader – so at face value it was a win win for everyone.

Of course what I was never to know that Fiona had no real intention of honouring our agreement and simply paid me for the first 4 or 5 months until she had all my growers and buyers lists, knowledge of the export market and cherry juice formula.

One day she casually called me around the back of the cottage at Carnarvon as she poured me a wine and said ‘that things are really tough for Bernard and I financially at the moment and I need a payment holiday for a few months’. More fool me because it seems after 2 years of no payments the payment ‘holiday’ has become an ‘extended vacation’ and Fiona and Bernard have simply stolen all of my years’ work without ever paying for it as agreed. I am out of pocket for over $500,000 on this one alone. They had no ideas or IP of their own they just stole my vision and two decades of work without paying for it. They had no plan other than to steal just mine.

Even when I saw the vast extensions to the Caernarvon homestead and Fiona’s boasts of $10,000 rugs for the lounge room I really still believed (at first) that they would remember me sometime soon and pay my agreed debt.

  • Along with entering the aforementioned ‘services agreement’ with Caernarvon it made sense to also lease Caernarvon my cherry orchard at Nashdale as I was going to set up an office in Asia and concentrate on export sales. My marriage to Angela was at an end and I was keen to move on so a change from farming would work well. A 3 year lease was negotiated at $2500 per month plus a $0.20 per box royalty for each box picked. The orchard was picking between 200 to 300 tonnes of cherries each year so it was quite realistic to expect that I should receive a net income of around $60,000 pa from my orchard (say $5000 per month plus) from the fixed and royalty portion of the harvest combined.

What I of course did not know that Bernard, Fiona and Tim were very keen to buy my orchard having purchased my old shed the year before. My orchard lay in between Melrose and my former shed and with a vast water supply it would be an ideal addition. They were also well aware that I had a high debt load and if the put enough pressure upon me I would collapse financially affording them the opportunity to buy my farm for a song.

From the outset the lease to Caernarvon became a nightmare with rent not being paid on time and endless dishonesty in relation to the supposed yields. The orchard had always picked around 200 tonnes of cherries per year but instead of 600 possible tons over the 3 year lease period I believe Fiona reported some 100 tons in total over the 3 years. In October 2015 we were forced to take Caernarvon to the NCAT tribunal just to get our basic rent paid up to date.

I had mortgage payments on my house and farm of around $8000 per month but went into our agreements with Caernarvon holding a $7500 per month services agreement and a $6000 odd per month orchard lease but with defaults on both my services agreement and orchard lease I was quickly under a huge amount of pressure with my bankers and my bankers dialled up the pressure for me to sell.

Caernarvon perhaps not surprisingly offered the estate agents a sum of about half what my farm was worth and deliberately let the grass grow a metre deep, no pruning or weed spraying and sabotaged every possible sale of my farm. The estate agent advised me that Tim was even known to pull down the various for sale signs along the road at nights.

Bernard, Fiona and to a lesser degree Tim had created the perfect storm for me. They were not honouring our $13,500 per month agreements / leases / contracts and were sabotaging the sale of my orchard so they could secure a bargain for themselves.

  • Just two little stories from earlier in the chronology. In January 2014 when I sold Tim and Bernard my packing shed there had been a problem with the electricity meter at the time of settlement and it was agreed between Tim and I to leave the account in my name until it was sorted. Bonnyglenn filled the rooms to the doors with new season apples and the electricity meters ran night and day under my name cooling their fruit. By August there was over $24,000 owing on my name and all of a sudden Tim really didn’t see that he should have to pay the account ‘because the Woodward Road Coop electricity rate was much lower’ – hard to know what that had to do with things but ultimately I had to write a legal demand to Bonnyglenn for the debt and in the interests of long term goodwill (remember this was very early in our relationship) accept around $8000 less from Tim than I owed to Origin Energy. Bernard said ‘I don’t want to get involved that’s Tim project up there’ so I ‘took it for the team’ and chipped in $8000 for reasons not well understood by me to coolstore Bonnyglenn apples that year. (I trust they sold well for you)
  • The second more sinister story was the last conversation I had with Bernard in about June 2015. I had left a $30,000 cherry hydro cooling machine at my former shed for the use of Caernarvon and it simply disappeared in late 2014. I rang Bernard regularly about what might have happened to the machine and I think he enjoyed sending me on lots of crazy wild goose chases as to its possible whereabouts over the ensuing months.

I had a buyer for the machine at around $25,000 and was still making bank payments on this uninsured machine that had simply vanished whilst left in Bernard’s and Tims care. In our last conversation Bernard advised ‘I think Pinko (the refrigeration company) has your cooler – lot of bad blood between you guys and I think they took it”. At the time I even thanked Bernard for the lead and planned a clandestine reconnaissance of the Pinkertons property.

I was taken aback to receive a phone call the very next morning from a Mudgee cherry grower who advised ‘I just got a phone call from Bernard Hall, he has your old hydro cooler in his shed on Canobolas Road , I looked at it a few months ago and I want to buy it. He is asking $10,000 cash’. I rang Bernard immediately and asked for an explanation and he hung up on me being the last conversation we ever had.

  • So here I was with my former friends Bernard, Tim and Fiona stealing my equipment and dishonouring our service agreements and in possession of my farm whilst defaulting / cheating on my lease. Instead of $13,500 per month in income they promised I found myself chasing Caernarvon even for the fixed $2500 portion of the lease every month. My bank payments fell into arrears and my farm and family home were lost. The farm was valued at around $1,200,000 and was sold for $850,000 (Tim and Bernard offered $350,000) and our lovely home valued at $1,100,000 (see attached) was sold for $850,000. After legals, other creditors and penalty rates etc Angela got around $40,000 from the wash up and I got zero. So I now have no farm, no house and no reward for my years of developing the cherry business. (also less than $5000 in super)

But I guess I still have my kids??

  • My ex-wife suffered a complete nervous breakdown during this period and attempted suicide with the ambulance called to the house on two occasions. Angela could not live with the pain of losing her house and became grossly depressed. On two occasions she threatened also to take the life of our autistic son Richard also. Family and Community Services took the threats most seriously and placed Richard into an emergency foster care arrangement.

Bernard, Tim and Fiona saw the opportunity to cleverly exploit the situation and provided Angela with a full time job at the packing sheds they operated. With no communication between Angela and I they cleverly convinced her that their defaults on our $13,500 per month agreements were not the cause of the problem or the loss of her house but ‘that your ex-husband Andrew was a bad person’ and ‘look at all the problems he has caused’ etc. Given I had left the marriage and was living in the Philippines with a new partner Angela naturally took little convincing that I was indeed the villain.

Of course working for Bonnyglenn and Caernarvon was a great employment opportunity for Angela because in addition to the mental comfort they offered her,  the Bonnyglenn and Caernarvon packing sheds facilitate cash in hand employment allowing many persons including my ex-wife the opportunity to draw a salary from the packing shed and subsequently defraud Centrelink and obtain various pensions and access to other goodies such as legal aid which would become most advantageous in dealing with her ex-husband (me) during divorce proceedings and matters relating to care / custody of Richard.

  • Here is a reminder Fred of how the payroll / centrelink ‘scam’ operated by both Bonnyglenn and Caernarvon Company’s works.

A.         As a cost saving measure the Bonny Glenn and Caernarvon companies target pensioners, unemployed and others on various commonwealth benefits to make up a significant proportion of their apple and cherry orchard / packing shed labour force. This gives the companies a financial advantage over their competitors by securing a ready stand by workforce for the packing sheds and the ability to pay below hourly rates on occasion.

B.         New employees are requested by the proprietors to complete numerous tax file declarations with different names, tax file details and address. It was also required that new employees complete one tax file declaration providing their correct name, tax file number and address.

C.         Caernarvon and Bonny Glenn proprietors would then hold the tax file declaration forms back for a period of around 4 weeks and then lodge both the fraudulent and correct tax file declarations on behalf of their employees.

D.         The ATO would take a further 2 months plus to process the submitted tax file declarations and then write back to the proprietors merely advising them to deduct a higher marginal income tax deduction from those declarations that failed the data matching process. At around this time those now exposed ‘phantom’ employees would be asked by the proprietors to submit new bogus tax file declarations and the ‘game’ appears to go on forever. At or about that time the now exposed ‘phantom’ employees disappears and his / her role on the fruit packing line is taken up by another ‘phantom’ employee

E.         By submitting a correct tax file declaration and applying perhaps a day or two per month of salary against this bonafide person an aura of credibility descends into the process and gives a degree of protection to all parties if a snap audit took place or Centrelink notices that the ‘phantom’ was not at home on a particular day. The occasional day here and there of bonafide employment also covers everyone in the event of a mishap or workplace accident

F.         In the chaos of fruit harvests employing hundreds of persons blended into a significant itinerant workforce including foreign back packers and various other fraudsters and characters having 50 or 60 ‘phantoms’ each year is quite achievable and will not apparently overly attract attention. Ultimately the ‘phantoms’ still remit a small amount of tax and escape attention in their brief 3 month or so horticultural employment stint. This special payroll / centrelink scam model would not work so readily in more structured or office / industrial workplaces but out in the fruit orchards it’s just fine and dandy

G.         Your various employees’ details both real and ‘phantom’ are entered into the MYOB log and subsequently each paid by cash cheque and not direct deposit. The name of the real or alternatively ‘phantom’ employee is entered on the cheque butt but the cheque is made payable to cash. This all works swimmingly with the only real moment of truth coming when the Westpac bank ask for ID and endorse same on the back of the cheque before cashing. The Westpac tellers of course have no idea what name has been written on the cheque butt back at your office so the scam continues on without a hitch. Unless someone (like the ATO or Centrelink) audited all the reverse side of the Westpac cash cheques) and then the game would be up for everyone. Ooops

Fred I have little doubt that the payroll / centrelink scam operated by Tim, Bernard and Fiona’s associated companies would likely be the largest Centrelink scam ever known. Goodness knows what the fall out for the family would be if the truth was ever tabled. We have many colourful personalities like Claudio, Dee, Inga, Pacita, Jan, Angela and Tony etc enjoying your very real assistance and involvement to obtain both a wage and a centrelink / commonwealth payment. With let’s say 10 – 15 of your ‘phantom personalities’, each defraud with your companies assistance $15,000 plus per year from the Commonwealth, over even the last 5 years would see Australian society out of pocket for perhaps $500,000 to $1,000,000. Of course your companies have all gained a commercial advantage by having access to a cheap and secure workforce so everyone involved are winners.

Fred do you recall the cold winters night in around 2013 when I went to your house to discuss with you Bernard and Tim the matter of a DA for a road I was building along your boundary? Do you remember how the discussion changed to include operation of the packing shed and family matriarch Pamela warning Tim and Bernard that their creative employment scam was a recipe for a disaster. Pamela is pure and honest with the highest degree of integrity always – but not the next generation whose real god is just money.

  • However in writing today my real concern was to better explain firstly how Bernard, Fiona and Tim’s schemes had destroyed me financially rather than discuss how these family companies defrauded the Commonwealth and for you to better consider how these matters have affected my children now and into the future.

So we come to the matter of the ongoing care and custody of my autistic son Richard. Currently he is in the care of FACS and a few weeks ago a formal hearing was conducted by phone to determine his future and guardianship.

Angela was well prepared for the hearing because she had legal aid including a barrister and lawyer present. (This was all because as a pensioner she only apparently earned less than $1500 per year working for Bernard, Fiona and Tims companies for 3 to 4 days per week and up to 70 hours per week in the cherry season = hourly rate of about $0.50). She filed her material on time and presented logical well prepared affidavits and evidence as to why Richard should become a ‘ward of the state’ and be confined in a secure home with padded walls and chipboard windows ‘for his own good’

My position in the custody hearing was that Richard should come to the Philippines and live with me. I struggled attending the proceeding unrepresented and by phone from the Philippines. I could not afford the likely $15,000 plus for legal representation in these matters and I think I looked like a bungling disorganised fool on most occasions.

The wash up of the hearing was that Richard’s custody was given to the state rather than have him live with me in my house. He now lives in a padded cell house with chipboard windows in Remano Drive. The kitchen is in wire cage and the TV inside a glass box. He has no sunlight or children his own age in the house just 2 full time carers who pump him full of sedatives and grind his imagination and aspirations into dust.

Consider how different Richards life may have been if Bernard and Fiona had honoured our agreements and Angela could have kept her house and avoided her nervous breakdown or not had free access to the best solicitors centrelink can buy.

  1. The final story in this sad saga should be the poisoning of the cherry crop going back to January 2016. I came back to Australia in December 2015 to attempt to better monitor the harvest (and my subsequent royalty payments). It was impossible to get timely auditable information from Fiona but what I could see was that Caernarvon was getting further and further behind with the harvest. Claudio Cianfrano was the orchard manager (a bankrupt using Caernarvon’s payroll scam to defeat his trustee and creditors and gain a 2nd centrelink salary) and he had little idea how to manage an orchard of that magnitude. I took a week away over new year and came back in early January to find a staggering 3000 odd cherry trees unpicked with ripe large cherries most of which were either not damaged or with small inconsequential nose splits. I immediately saw the obvious u pick opportunity and notified Caernarvon by email that we intended to re-enter the property to mitigate our losses. Claudio even went and got my ladders and remarked ‘no idea why Bernard didn’t pick this fruit – I think it all got too much for him’. I arranged 15 tourist coaches and spent $6000 advertising on Sydney radio. I think I had 500 plus people attending the next day and with dry weather ahead it was finally a chance to get something back from the last 3 years of financial malaise and I was feeling encouraged when I left the property at 8.30pm on the Friday evening.

I arrived at the orchard at 4.30am on Saturday morning with picking buckets and supplies waiting for the Sydney hordes to arrive at my u pick weekend. I think I nearly died to see a large waring sign erected through the night at the entrance to the orchard warning that the fruit was ‘not fit for human consumption’. I could smell the acrid odour of insecticide in the air and noticed wheel tracks in the dewy grass on every 4th or 5th row. In these rows the trees were still dripping wet and in the other rows the trees were dry. A tractor and spray cart sat at the spray fill with a warm crank case and a new container of an off label insecticide on the work bench.

I gained the sickening realisation that someone had between 8.30pm Friday and 4.30am Saturday had sprayed occasional rows of the orchard with an insecticide as a ‘spoiler’ for my u pick salvage operation. My fears were confirmed when at 7.00am Saturday I received an email on my phone from Caernarvon’s lawyer advising that the orchard had been sprayed overnight as part of a ‘routine best horticultural’ practise. (Funny time for a lawyer to write?)

That day was confusing with endless persons turned away and disappointment at every turn. My girlfriend consumed a lot of cherries that day trying to convince me that much of the fruit might not be sprayed. Later in the day she felt sick and vomited so I took her to the Orange Base Hospital.

If we needed any further proof as to the lack of character of Bernard and Fiona they both ignored our texts from the hospital enquiring as to what insecticide had been sprayed on the trees that fateful evening to assist Catherine. Some weeks later Catherine was to have a miscarriage. The EPA subsequently confirmed the trees were sprayed with Carbryl.

So let’s consider where things have ended up shall we Fred.

For reasons not clear to me Bernard and Fiona (and to a small degree Tim) have cheated me out of many hundreds of thousands. Further neither Bernard nor Fiona are overly bright so they have simply stolen my ideas and put the ‘BITERIOT’ badge on them. In withholding my monies and cheating on agreements they have caused me to lose my assets that I spent my life working for. They were quality and unique properties that I lost with their assistance and were part of my DNA and heritage. (6th generation farmer)

Bernard, Fiona and Tim have for years operated a payroll / centrelink ‘scam’ in cooperation and conjunction with their employees that would likely have seen the citizens of Australia defrauded by an amount of money easily exceeding $500,000.

A combination of their cheating and dishonesty has caused Angela’s nervous breakdown and with the further assistance of their companies payroll scam allowed her to access legal aid in the matter of my autistic sons custody. Through a fairly easy to follow chain of events that your family engineered Richard is now imprisoned for the rest of his life in a group home with padded walls and chipboard windows.

I have to seek written permission to see my son now and he will never do the fun stuff (like polocrosse) that I enjoyed. Bernard and Fiona’s children however will grow up on a farm, ride ponies and enjoy the better things that their parent’s ill gained affluence has given them. When those kids are in their 20’s at Uni Richard will still be locked up in a padded cell.

So Fred it’s over to you. I have asked my old pal David to deliver this email to you in person and ask him to read it with you. Since we were kids you always painted David as the black sheep and villain of the family but David’s heart is much purer than you know. I have also asked him to send it to all the other Hall siblings (Shauna, Josie and Fi) whom I wish the very best and thank them for all those wonderful things in our teens we shared back then. You Fred are the wise old man and my past mentor so what should I do know? Forgive and forget? Or throw these 3 enterprising crooks under the proverbial bus and end this Biteriot nonsense forever?

 Over to you

Andrew Gartrell

+ 63 917 7771739    

andrewgartrell1963@icloud.com

To download a complete copy of the Dear Fred letter – click here.

Would you like to tell us confidentially about your experiences?

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Andrew Saunders – profile, sanctions and legal opportunity

Andrew Saunders

Andrew Saunders claims to be qualified as a valuer and town planner.

It is not believed that Andrew has any qualifications in law.

Andrew Saunders
Andrew Saunders – an extract from his web profile.

Sanctions

In 2017, Andrew Gartrell of Orange lodged a complaint about the professional conduct of Andrew Saunders. The complaint had a number of aspects and concerned town planning advisory work carried out for the subdivision of Sunnyside, a small acreage on the outskirts of Orange and subsequent valuation works.

A copy of the complaint report can be viewed here: click here to view complaint.

The complaint was concerned by the Australian Property Institute with Andrew Saunders given the opportunity to defend himself, his conduct and otherwise.

A panel considered the complaint/s. The chair of the complaints committee was an accomplished Sydney Lawyer with expertise in the relevant fields: Chris Shaw – click here to view his profile.

A copy of the sanctions report may be viewed here – click image below or this link:

Sanction findings

The API disciplinary panel, amongst other things found:

A full copy of the sanctions report is available here – click link.

Appeal against Sanctions

The writer notes the following advice from the API that Andrew Saunders did not appeal the sanctions:

Qualifications in law?

It is noted in the sanctions report that Andrew Saunders effectively admitted he provided what amounts to legal advice to Andrew Gartrell. Andrew Saunders, it is believed, only has qualifications as a valuer and town planner (and not in law).

Below is an extract of the sanctions report containing the admission:

Advice on existing use rights is typically legal advice.

Legal opportunity

One of our related companies has bought legal proceedings against Saunders & Staniforth in the NSW District Court, alleging professional negligence.

Another associated party – Busifund – Legal Services Capital Trust – is accepting investments with an opportunity to share in the fruits of litigation against Saunders & Staniforth. The fund, Busifund – Legal Services Capital Trust presently (as at December 2020) has an information memorandum in the market and is accepting investments from sophisticated and wholesale investors only (e.g. superfunds and others complying with the definition of sophisticated and wholesale investors).

If you believe that you qualify as a sophisticated investors or wholesale clients and you’d like to consider an investment in the trust, a copy of the BUSiFUND Legal Services Capital Trust Information Memorandum – click here or click the instant messenger chat in the bottom right corner.

For a copy of the BUSiFUND Legal Services Capital Trust Information Memorandum – click here

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 about any person mentioned on this page – please use the instant chat tools – bottom right corner or the contact/tipoff form below:

5R podcast – S01E01

Podcast Mark Smith

5R Podcast – S01E01 – Rogues, Rascals, Rorts, Rip-offs & Reviewables

5R Podcast – Mark Smith, DC Partners (Solutions) Pty Ltd

for more information and in-depth villain profiles – visit our webpage https://www.dcpartners.solutions/products-services/blog/podcast/ or use the tags below to preview a particular person

To share this video: In this series: https://youtu.be/QT-0USvUcy0

To view other podcasts in this series – go to our podcast page – click here

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.

Season 1 will focus on:

Season 1, Episode 1 (Chapter 1) discusses the following:

If you have any tipoffs on any of the above – please use the instant chat tool below

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Hakan Kutup – pleads guilty

Hakan Kutup, source: Illawarra Star - Madeline Crittenden.

As we’ve blogging for some time, now disgraced Wollongong based former Century 21 real estate agent Hakan Kutup has pleaded guilty to fraud, forgery and misappropriation offences at the Wollongong Local Court recently.

Sydney’s Daily Telegraph reported: Click here that Hakan began inventing sales in late 2017 however the slippery slope caught up with him when arrested in late 2019 after he could no longer shuffle the deck chairs and lenders and others began to investigate.

Unfortunately the maximum penalty of imprisonment is just 2 years and Hakan’s guilty plea will no doubt result in a discount, however we think it is a safe bet that Hakan’s (who is also bankrupt) will not be administering a trust account any time soon.

Sentencing of Hakan Kutup is expected sometime around June 2020.

Hakan Kutup
Hakan Kutup

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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).

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