Many R’s Podcast – S1E8

Transcript

rogues rascals receivables rorts rip-offs receivers real estate agents and much much more this is the many r’s podcast season 1 episode 8 our final episode for season 1 my name is mark smith from dc partner solutions give us a call 1-300-327-123 or contact us chat with us online or use our instant chat tools www.dcpartners.solutions/podcast

well in this episode we’re having a review of 2021 we’re going to see how many R and where R they now for some of them some of the special R’s we’re also gonna have a look ahead at season 2 so what is ’round the corner

well where do we start a recap let’s start with me personally been a little gap between season 1 episode 7.5 and season 1 episode 8 which is today and i’ve had quite an adventure our last episode was on the 15th of september and on the 1st of october i had a huge huge awakening moment and let’s just have a look this photo is a photo of my heart contrary to popular belief there is a heart in there and this is what your this is what a blocked artery looks like and we’re just gonna go and have a look now at an unblocked one and wow this is a stand i actually had a heart attack on the 1st of october and that this missing tree trunk here this very faint line is called my left anterior descending artery and you can see just the tiniest bit of blood sort of getting through and that was quite a crisis so i’ve been i finished my studies in june on my sister’s birthday 16th of june 2021 we moved house on the 28th of june 28th maybe 27th and and took up residence covid the shutdown sydney went into six months of shutdown more or less or five months or however long and i graduated i i elected to graduate in in absentia on the 6th of september for my juris doctor and on the 1st of october i get a very nasty dose of reflux i thought and i can assure you mylanta and those sorts of things did absolutely nothing i i truly thought i did not know i was having a heart attack i thought i had an ulcer or a a dose of reflex or something but turns out no there was a a blocked artery and a very important artery left anterior descending it’s called the widowmaker so i i was gonna drive myself to hospital and good thing well i got my my what i really thought it was just reflux so none of the pains in your in your shoulder so for anyone that’s watching this just you know apparently it felt like a burning reflux right where my where most people’s heart is so i i took myself off to a hospital and within a very very very short period of time i’m talking 20 minutes they’re putting a stent into me so restoring the blood flow and i i would like to i’ll just show you right here that little dot there that’s that’s a scar no no big chest openings they go in through this tiny tiny tiny tiny opening there and i i do have bruises everywhere now unfortunately i i’m on thinners and all sorts of stuff so i i bruise terribly now but i’m alive and i’m very extremely grateful to wonderful doctors who put a stent into me very very quickly and i spent 5 days in hospital so where are they now well sorry where’s our year in review well our blog has actually been on holidays so i had several days in hospital no visitors due to covid and not even my darling wife so i i have great sympathy for those that have been isolated or doing it hard and i feel like i’ve i feel much better since the heart attack i do feel better we’ve this blog has been actually on something of a holiday and well we have decided to at least wrap up season 1 and give you a look at we’ve had plenty of time to think so not everyone has been pleasant to deal with in the aftermath and we’re going to talk about some of that and in this particular episode we’re going to look at where R they now so that’s a wrap on the personal so a number of people said well where’s our blog gone? well come the 1st of october all the nasty letters i had some of our some some of R’S even texting me on holiday i’m texting me in hospital on the very day i’m having my my heart attack they’re texting me and oh dear so anyway we decided to give our blog a bit of a rest for a couple months well you can be sure that not not very many of these opponents have have seen the LIGHT let’s put it that way so some of the blogs will be reintroduced and well here we are here’s our farewell to season 1 so we’re we’re still thinking about all the issues the Blog’s been on holidays but many people have asked well where R they now so um

i i won’t touch on COVID but it has been obviously a very difficult period for many australians and a lot of people that i know as well i can’t cut it i i can’t go past christmas 2021 without saying well i think i think i might i think i’ll make hakan’s his visit with in her majesty’s company i think it’s actually over i think he’s out of jail so i mean that’s that’s where R they now. 131MVR that stands for 131 mona road st ives. and that where where is it now it’s in liquidation and look i’m hearing that there’s there’s big moves a’foot … the liquidator i know i continue to be owed thousands of dollars by that project and well i i and i appointed the liquidator with the assistance of the supreme court of victoria a man called gavin moss and chifley advisory was appointed liquidator well i’m i’m hearing that the liquidator we held public examinations on of the directors of that corporation back in about february or march of 2020. well look i’m hearing that the liquidator has found that the directors and macarthur projects let’s put it this way the director sorry the liquidator wants something like between 7 and 12 million dollars of the company’s money back so the liquidator is looking to the directors and to a company called macarthur projects now i was there i was actually there in the court in the supreme court of new south wales it was actually in the federal court i think i think it was in front of a registrar and you know two days were set aside for public examinations and i was there and one of the questions was okay so you owed a latrobe 7 million dollars is that correct yes that’s right and you repaid that you did yes that’s that’s correct how much did you borrow to repay back the 7 million and these are words the effect and this is all in the public arena so in open court it’s fine for me to discuss it how much did you borrow to pay back the 7 million 12 12. you borrowed 12 to pay back seven yes why’d you do that well i’m just paraphrasing here this is not why did you do that i don’t remember what did you do with the other five don’t recall i mean these are the sorts of these are sorts of questions that we’re at so i mean the liquidators the liquidator has been sitting on this transcript for 12 months or 18 months or whatever and he’s now calling that in well you didn’t need the 12 you only need 7 you borrowed the the company went down the toilet the project 131 mona vale road st ives. did not get finished now exactly whose fault that is i’m not saying whose fault it is but that’s where are they now on 131MVR now let’s have a talk about our other this this whole collective of mates craig adams bargo developments now they’re they’re both in liquidation craig’s in bankruptcy ralph paligaru oh dear one of his companies is in liquidation i put that down that was called dural alliances well mohan kumar he recently had a brush with the torrens assurance fund and lost justice darke we talked about that extensively in episode season 1 episode 7.5 john mahony was his lawyer and unfortunately shot down shot down now let’s let’s have a look at a few files so for the rest of them where are they now well let’s have a look ralph paligaru he’s suing garry steinberg ralph suing garry steinberg and reliance leasing in the supreme court of new south wales now this is the most interesting case because it’s gone precisely absolutely nowhere nowhere so is it a fake lawsuit i mean

you tell me let’s just explore this just a tiny bit more the question is this a fake lawsuit like is this a good question let’s have a look at let’s have a look one of the basic requirements of a lawsuit is the solicitor they’ve got to sign it they’ve got to sign it okay and john mahony is a lawyer he’s been a lawyer for 40 45 50 years i don’t know long long time john money hasn’t signed this document and john only actually has to the any lawyer whoever acts has to sign this signature of legal representative look i mean it’s right there in front of you signature plaintiff plaintiff’s solicitor i certified that under clause whatever that another there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success

that is why john mahony needs to sign this to say okay we’re not here to waste the court’s time well he was the court’s time i and john mahony putting his signature on a piece of paper to say we’re not wasting the court’s time okay well that that signature didn’t happen on the 2nd of march last year now i think that’s that’s coming up to 10 months is that right 10 months 10 months it hasn’t been signed 10 months have gone by and what’s happened with this case well i’ll tell you nothing nothing has happened so this is some correspondence now this is this is a court document this is a court order this is all public on the 7th of december the court ordered the court ordered order this matter is listed for directions on the 10th of february so so much so much has occurred since since it was listed on the second of march that we need a break i mean we’re just so productive so we’re gonna we’re gonna push it out to 11 months there so 10th of february is more than 11 months since it was filed and what’s happened nothing nothing nothing nothing so and and why has nothing happened now who are the parties let’s just remind ourselves who are the parties so we’ve got ralph and reliance leasing parties ralph ignatius paligaru plaintiff, defendant reliance leasing so they’re the parties and and the disputes between them so you would think that that has to be resolved between them but no i don’t know so these aren’t my words these are the words of john mahony and tim horne was my lawyer okay just let’s just refresh tim horne signed this consent judgement on behalf capacity solicitor defendant consents yeah defender consents ralph and amreeta consent consent judge that’s why it’s called a consent judgment it’s judgment by consent yeah we all agree we’re consenting

yet i’m not even a party so why does tim horne say and and john mahony agree what do they agree this is on the 7th of september december 7th of december requests submitted by tim horne for four for me nope no no four reliance leasing the case paligaru versus reliance leasing the request the request is that the matter be listed for directions in february reasons reasons ah the intended settlement of this matter has got nothing to do with me i’m not even a party has been frustrated by a third party

by a third party who’s going to get nothing out of it absolutely nothing the third party’s frustrated this so remind ourselves this authority was to pay to pay me no no no so my company gets positioned at the loan on the first of september 2017 there’s this elaborate pea and thimble trick whatever you want to call it maybe it’s not a trick maybe it is there’s going to be a dispersal from reliance back into the why do why does reliance have to take money out of this pocket and stick it in that one why do they even have to do that well because we’ve got i mean we’ve got a deed here we’ve got a deed of settlement all the fights they’re now over and we’ve solemnly sat down we’ve resolved their differences yet mark smith is now frustrating things how’s mark smith frustrating this not even a party we’re instructed that there remains a possibility that this that this will be resolved shortly and in light of this so i’m just telling you it’s christmas eve if someone wants to resolve this well you know well they’re probably going to have to do something about this that’s you know if you want to p if you if you owned a piece of property and called this debt and reliance leasing is proposing how about we pay you nothing yet yet tim horne tim horn’s a very intelligent man he can go off to the court and say it’s mark smith’s fault because he’s frustrating things i would say that there is well he’s we are instructed there remains a possibility that this will be resolved shortly yeah pigs might fly unless unless a hundred and five thousand dollars it lands up in my pocket plus the interest or you know whatever then the court’s time has just been completely wasted by these two very intelligent people called tim horne and the other party to this is john money they’re both lawyers and and their clients pigs might fly we’re instructed that there that there is a possibility this will be resolved shortly

so that that’s addressing whether this loan is real now we’ll go back and we’ll look some more into this john mahony great lawyer okay he’s handling this he’s running the show he’s he’s the plaintiff’s solicitor and we’ve got ralph ignatius paligaru suing reliance leasing so let’s have a look at this summons and this is where are they now i’m just saying this is where they are i’m not making any judgments i’m just saying this is where they are relief claimed a declaration that the loan agreement of the 26th of may is valid and enforceable so john mahony is after declarations what is the loan agreement of the 26th of may well i’m glad you asked here’s a copy and this is

this is a document to

effectively recycle money so john mahony is after a declaration that this piece of paper is actually valid i mean when you when you start with the assumption that if we sign this piece of paper it’s valid so why would it be invalid

is it is it a mirage i don’t know so the supreme court of new south wales is its time is being taken up and vast money is being spent to determine if this is some sort of scam or mirage or if it’s a declaration that that it’s valid and enforceable ah so the borrower wants a once a declaration from the supreme court that this loan is enforceable but hang on that’s the borrower saying that the it’s a loan and it’s an enforceable loan against the lender well hang on it’s usually the reverse it’s usually the the the lender saying oh hang on we want a declaration that ralph is the money but no no no no this is and so we’re after a declaration that it ought to be specifically performed an order that the defendants specifically perform a carry into effect the loan ah so give us the money give us the money

so okay this is interesting isn’t it so we’ve got this i won’t go into the details because it’s confidential but there is a deed and all the parties on the 11th of march 11th march yes two and a half months before this date they’ve had a big dispute and they agreed to sell okay fine but so hang on the parties dcp litigation reliance ralph and his wife okay well that’s interesting so let’s have a look at the parties on this the summons who are the parties oh well there’s only ralph and reliance

now this is interesting this is normally something that you normally you file something you normally have to sign it you put it in the supreme court where’s the signature i mean can you see it there anyone so it’s an unsigned document who are the parties okay this is ralph and reliance so on the 11th of march all the parties agreed to settle okay right and then on the 26th of may

there’s this agreement to recycle money but hang on didn’t we just settle i mean it gets it gets you know stranger so eleventh march we have this agreement and it and eleventh of march oh i got john mahony ‘s signature on this document for ralph and everybody so everyone agrees if we don’t do what what’s what was agreed to be settled well you can go and get it you can go and get a judgment so this is a consent judgment we consent that if we’re going to do all these things that we agree in may hey march and if we don’t then you can go and file this and and they give us the consent judgment upfront signed by john mahony and later it’s it’s it’s signed by the same people tim horne reliance leasing now he happened to be my lawyers as well and it’s so we jim signs this he was authorised to do so and he was instructed he was given a written instruction by reliance leasing on the third of july let’s go ahead and get this consent judgment because this deed it hasn’t worked out but hang on ralph is seeking specific performance of a loan that you must lend me money but i’m in great of this but you must lend me a hundred and five and a half thousand dollars and what to do is ralph want to get these hundred five thousand dollars no no no no no no here’s the authority just take that from one pocket and stick it in the other i’m in i’m going to the supreme court to force you to take money out of this pocket and put into that pocket wow i mean are you confused what’s the point of all this yeah like it does seem like a bit like smoke and mirrors so it’s it’s a very i mean this is a loan by the way loan 1899

now let’s let’s go back in time to the first of september 2017. one eight double nine oh there you go 1899 so this is a loan that he doesn’t even that ralph wants a order that reliance specifically for form to take it from this pocket and stick it in that pocket but on the first of september 2017 here off reliance leasing this is first of september dear ralph reliance leasing hereby gives you notice that they no longer own the debt ah so where are they now that’s this is a this is some sort of elaborate pea and thimble … something maybe i don’t know reliance leasing gives you notice that they no longer own the debt and that all of it all absolutely you know all all its rights title and interest under the loan agreement guarantees securities it’s giving to my company absolutely absolutely oh there’s the magic words and it’s the loan agreement of the 18th of july and Ralphs got a copy this because i sent a process server in september 2017 i’ve got an affidavit of service that ralph was served this document it’s only two pages but ralph neglected to acknowledge it but ralph was served and he’s now saying well in in may of 2020 26th of may 2020 a debt that was the subject of this settlement dude that involves the replacement it’s called the assignee ralph is now seeking declarations not against me that the reliance leasing must take their own money out of their own pocket and shove it in the other pocket and not give any of it to the to the actual owner so if you were the if you’ve spent four years from 2017 through to 2021 pursuing a hundred thousand dollars and then you sign these deeds and you don’t actually know about this this is this happens all behind your back and then on the 17th of july your lawyer who happens to be reliance’s lawyer yeah they agree well none of these things that were supposed to happen under this debate happen so let’s go and enforce our judgment it’s it’s it must be it must sound very puzzling must sound extremely strange so that’s that’s where ralph is he’s not suing me he’s suing Garry steinberg he’s suing reliance and he’s saying you must you must lend us this these aren’t my words these are ralph’s words we can have a look ralph is sworn   an affidavit so that’s sworn on the second of march and this is all these are all his words um

long story long story but maybe what ralph is saying is that during the there was a meeting that i wasn’t that i didn’t attend but i didn’t even know about during the meeting i ralph had a conversation with mr steinberg to the effect ralph this this is a loan agreement which will refinance the original loan well hang on the original loan oh this one that you you signed over to me yeah yeah that 1899? yeah 1899. the affidavit and this is ralph sworn i wasn’t there i don’t know this is what ralph squares has occurred ralph this is the origin this is a loan agreement which will refinance your original loan i’m prepared to agree to refinance that loan in full in the sof a hundred and five thousand five hundred dollars that’s all you need to pay off the loan say to me paid to Garry steinberg reliance ralph oh so despite smith having taken over the line yeah yeah that’s right smith took it over when did you take that over let’s just refresh yourself first of september 2017. this is what ralph swears so despite smith taking over the loan he will arrange for smith to take no action under the deed that signed in large such that once i signed this agreement all previous agreements relating to the original loan will have been replaced by this agreement now this is a two-party apparently this is a two-party agreement i’m not one of the parties and i think what he’s i think what ralph’s getting at here is Garry saying well he’s my agent really nice to know that wouldn’t it so you know if i’ve got anger and with someone and you know where’s that anger now well maybe it’s it’d be like if you went into westpac and said hey my line with the commonwealth bank can you just make it go away i wish i could say you’re an idiot get out i’ll call call the nutshops anyway ralph’s having this conversation with Garry steinberg apparently this is what ralph says the conversation went by so all previous arrangements relating to the original loan will be replaced is that what’s going to happen Garry yeah yeah that is that is right yes that is right i mean that’s fairly clear yes that is right leave it to me i will take care of smith

really i will take okay how’s that going to work i will take care of smith i will take care of smith so in the first of on the first of october when i’m lying there in hospital the tubes hanging at me and stents and you know having a heart attack wow i was being taken care of i’m actually getting text messages by this pair by ralph and Garry oh you know taking care of me I got a i get a christmas wish today today’s the 24th of december i wish you you know i wish you well from Garry he’s taking care with words no no we want we want Garry to take care with money you know cash Garry to ralph this is on the 26th of may also you only need to pay me what you can afford hang on you pay me to pay off the loan to smith and i’ll take care of smith but you only need to pay me what you can afford

minimum 000 so even if you can’t afford a thousand you pay it to me and i’ll take care of smith ralph yes one thousand is about as much as i can pay and i agree that that will be the repayment no i wasn’t there but this is what they swear what this is what ralph says also as you have no income other than the mill in fiji you won’t have to commence payment under this loan until you start making money like this in the middle of covid two years go by and gary’s making giving undertakings apparently for me

and then the timber mill suddenly blows over in a cyclone very very tragic a lot of destruction so you know i think what gary’s saying here is you don’t have to worry about making any payments i’ll take care of smith yes Garry i agree i will commence payments as soon as the mill starts making money from me and of course the mill’s destroyed so so ralph is forever led off this agreement apparently and i wasn’t even there i wasn’t there and i agreed somehow through Garry steinberg my agent that’s that’s apparently how it all goes so ralph is seeking declarations that this is valid that Garry must remove money from this pocket and stick it in that pocket and that makes mark smith go away despite that so this is on the 25th of 26th of may but in july of the same year last year Garry tells his and my lawyer tim Horne yep sign now this is what an election looks like when you sign something like this and then you file it in the court you have elected you’re never going back on it so are you getting the gist of what i think of Garry steinberg what i think of

what i think of and how i now view these notices of assignment and it’s and how i feel about being taken care of in this way i i hope that tells you where they R now okay we’re going to deep dive in season 2 deep dive and when i say deep like it may be a series of dives we may i actually think that there’s a lot here so we’re not going to get into this in huge detail today but we’re just going to quickly have a look at westpac we’re going to have a look at a couple of more things to do with Garry reliance mahony that whole mess

we may come back to 131mvr as that progresses depending on what the liquidator does and so on we are interested and we’re a creditor and this is a fair game andrew gartrell

very long story adam tilly now this is a guy that loaned money to craig adams and then subsequently loaned money to ralph paligaru and that’s not a crime but well we’re going to look at him in season two as well adam tilly now pacific 8 kesinda oh justin hatfield now justin hatfield’s fingerprints were on lots and lots of these documents that were given to adam tilly and look we we we may need to come back and have a look at aqua law i’m very very disappointed with with them and so we’ll just have a look at it now moving on to westpac well what’s we’ve touched on westpac and there are a few things on our blog already there’s a westpac who why a where and how but just in the very briefest of terms how what. what what is westpac about um

there is quite a lot to this there really actually is quite a lot to westpac and we’ll start with these submissions and these are submissions that were given to the supreme court of new south wales i am certainly not accusing the barristers of any wrongdoing but i am saying that someone misled the barristers and so that is the scandal it’s mr ollis had this seemingly magic cheque book that he could write out to checks for two hundred thousand fifty thousand for four hundred thousand and they would just magically magically put money in his account every day and well that’s bad enough but the real scandal and mr ollis did not go to jail so he was not convicted of any fraud he wasn’t even charged with any fraud

so no one’s accusing him of anything although he did write cheques if we go now to let’s have a look at this individual this word individual only appears once in this document and it appears in paragraph 38 and it says that it is clear and this is what i’m saying the scandal is it is clear on the evidence so this is what the barristers are writing is clear on the on the evidence or at least the evidence that the barristers have seen so if they haven’t seen it well they’re not misleading anyone but if they were not shown it that’s what i’m saying may well be the scandal it is clear on the evidence that the bank made these payments well they certainly made payments and we’re going to show you the bank’s statements in a moment and that and that no individual so that’s fairly clear no individual within the bank knew so maybe the computer knew but they’re saying these barristers in their submissions to the supreme court say that no individual ah within the bank okay so was that someone outside the bank that knew this is well that’s interesting no individual within the bank so that does not mean that individuals outside the bank didn’t know but this is the evidence they’re saying the evidence is that no individuals within the bank knew until so the first individual in the bank knew on the 12th of january 2006 and i am saying that that is false now i’m not accusing the barristers of anything they may well have been kept in the dark or maybe it was an individual outside the bank that knew very interesting no individual  well sorry i keep saying new things until the 12th of january of the drawings being made by alice on his business account so let’s have a look at this business account and see what were those drawings and you be the judge like this this is only a shallow dive we’re going to say i’m saying people inside the bank actually knew

these bank statements are 72 pages long on every single page is his stuff but um

This word invalid now the submission was until the 12th of january 2006. well i’m saying here’s the bank statement seven months early on the 17th of june and i’m saying that an individual in the bank wrote the word invalid and that is knowledge they knew on that day they knew that this was there was an invalidity now that’s not what the the submissions say they say no one knew of the drawings so we’re kind of splitting hairs here but someone knew that there was this invalid replenishment authority and at this point on the 17th of june he was writing checks for forty thousand dollars and there was replenishments happening at forty thousand and eighteen dollars on that day now let’s go let’s march on to page say sixty and i have absolutely so much the the credits there’s 10.3 million dollars going in and out of the account i mean wow i wonder if that was normal and i wonder if anyone was watching this i’m going to say no so this this bloke would come to work every morning and there’d be zero dollars in the account and then by december this is four and a half million dollars just turns up in his bank account in the morning wow that’s a good day 4.1 million dollars he’d write on the 1st of december he wrote a check for 400 000. now if we go back to the the previous one on the 17th of june he’s only writing checks for 40 000 and in six months he’s gotten bolder and he’s now writing checks for four hundred thousand dollars and they’re still being honoured but the evidence the submissions were that no individual within the bank knew until the 12th of january and i’m calling that BS and if we go into the next page yeah this time instead of writing word invalid someone’s written their pco status these are these are bits of evidence of knowledge so again we’ll get we’ll do a deep dive and we’ll get into this in more detail

now let’s go and have a further look at some of the things that we’re going to look at in season 2 and i mentioned steinberg we’re going to have a look at this seemingly innocuous case a national australia bank v smith now i’m not making any of this up and by the way that’s not me that’s someone else by that name this is a case that was heard in 2013 and you know this is this is a public document and ghs that’s that’s a related company of reliance they were part of it we’re going to we’re going to go into this case so that’s something we’re going to have a good dive at

we’re also going to have a look at mr mahony and mr mahony is a is a borrower of of of reliance so Garry steinberg one of his borrowers is reliance and Garry gets a mention in this as well and reliance leasing so this is again this is real this is something that anyone can go to caselaw.nsw.gov.au and put in the name mahony and and the council of the law society took on mr mahony and what did they take him on for well let’s have a look at this they they took an objection to the complaint the solicitor falsely witnessed the signature of this particular person and and who should be there but mr steinberg mr steinberg’s here as well so mr steinberg gets around and it’s it’s i was unaware of some of these things but mr steinberg goes back further with people and the if we jump to this this account this matter of nab v smith well that’s also involves mr steinberg and there’s problems with the signature on documents there as well so these are not my opinions this is not these are factual findings the supreme court or the civil administrative tribunal in the case of the mahony and mr steinberg seems to find his way into you know these situations all the time

andrew gartrell has a problem with the signature as well and Andrew gartrell, i i he knows Garry steinberg as well and adam tilly well adam tilly i don’t know how well he knows mr steinberg although they do know each other and ben and tim horne though well they know mr steinberg mahony knows mr steinberg mohan kumar he’s met mr steinberg and ralph paligaru well the only people here that don’t know each other steinberg knows 131mvr and he’s a creditor of that as well this is you know very troubling

so these are some of the things that we’re going to look at in season 2 there’s going to be plenty more so stay tuned and i’ll come back and we’ll wrap up now

we’ll look in closing thank you so much for joining us in 2021 and 2020 and hopefully you’re joining us again in 2022 we appreciate your efforts we appreciate the messages of support we appreciate the instant chat tools if you have any questions if you have any questions give us a call 1-300-327-123 or come and visit us in the bottom right hand corner of our website www.dcpartners.solutions/podcast

and you can instant chat with us there in the bottom right hand corner if you’ve got any questions at all you want to talk to us you want to send us an email whatever you can call us again as i said 1300 327123 my name is mark smith i’d love to talk to you i’m i’m very keen i’m very willing to talk to anyone anytime about anything so give us a call happy christmas happy new year i hope it’s a great 2022 and thank you again see you soon

Many R’s Podcast – S1E7.5

Transcript

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more the many rs podcast season 1 episode 7.5 – 7.5 we can’t get all the way to 8 we have to go to 7.5 and we have absolutely breaking news from the new south wales supreme court about our one of our favorite r’s – ralph so stand by welcome to season 1 episode 7.5 if you’ve got any questions give us a call on 1300 327 123 that’s until late or hook up with us on www.dcpartners.solutions/podcast … use the chat tools in the bottom right hand corner thank you 

well welcome this is an unusual set of circumstances this is episode 7.5 this is a follow-on episode from our last one where we talked extensively at the end there about our very good mate ralph paligaru and we happened to run into ralph recently and here’s some some updated photos on on ralph for you but this particular episode is about well a judgment of the new south wales supreme court has literally just come down and it is still hot it is still warm so we’re going to have a look at ralph paligaru john mahony that’s the lawyer or is it mahony i no one has ever explained that to me we’ve got mohan kumar who is sometimes known as Chhota Rajan and we’re going to have a look at he’s a resident of tihar prison in in delhi in india and we’re going to have a look at the supreme court judgment in the matter of mohan kumar and shs well and the registrar general the torrens assurance fund so we can this is a public document and in fact this this has just come out unbeknownst to us we don’t watch these things day and night but someone brought it to our attention that the judgment had just come down on it had come down before we’d actually put out episode seven so we felt it was only right that we updated the record so let’s get on and we’ll have a look at the judgment okay so this is the judgment of the new south wales supreme court and anyone that wants to google this can go to a site called caselaw.nsw.gov.au and just google that and it’s a set of proceedings 2021 proceedings it was heard by justice darke who i have to say i’ve got i’ll make some comments as i go through i think he’s got it absolutely substantially correct he he wouldn’t know some of the very tiny minor facts but but still it’s it’s well worth having a look but look the whole gist of it is the claim for compensation a claim from mohan kumar for compensation from the torrens assurance fund is refused so that’s the decision so we can go through and have a quick look well we can have a long look but anyway it’s a it’s a very extensive document it’s i’m just gonna highlight some of the relevant bits there’s quite a lot and i’ll publish the entire document up on our website www.dcpartners.solutions/podcast i’ll i’ll include some text so you know what to look for but anyway the registrar general of the torrens assurance fund or the landed property in new south wales titles are kept for land and that those titles are kept in a central register called the torrens title register so and when a person loses an interest in land if it’s either by fraud or by some error made by the torrents of by the land and property by the people that keep the titles then that person that suffers loss is entitled to compensation and every time there’s a dealing every time that there’s a transaction involving land okay the registration of a mortgage the transfer when you pay stamp duty and all of that a very small sis collected and it goes into this fund called the torrens assurance fund just in case anything goes wrong so i can say that the trans assurance fund or the registrar general was represented by someone called patricia lane who happened to be one of my lecturers at sydney uni and you can see here the whoa

says here okay well pardon me the plaintiff was represented by patricia lane wow how very very interesting and mr mr mahony was there as well so i’m sorry i got that around the wrong way very very very interesting patricia lane nothing but absolute respect she was a fabulous teacher and unbelievably knowledgeable i might have got that the wrong way around i anyway i assume that this is correct so these proceedings are bought by mohan kumar there has there was obviously no discussions about who mohan kumar is in fine detail but he certainly was the registered proprietor of land at old northern road at dural number 632 old northern road dural and that was if you like the word sold it was sold in may of 2016 by his power of attorney ralph paligaru to a company called bargo developments proprietary limited and i’m just going to sort of these these are public and we’ll just you know talk about these so mankind has claimed an interest in the land as what’s called an unpaid vendor’s lien and i absolutely i met ralph on about the 27th of march in 2017 and he was introduced to me by mr steinberg from reliance leasing and ralph complained he couldn’t sleep at night because he was worried that about worried sick about whether he was going to get paid so when i say this property was sold it wasn’t paid so it was a property piece of land worth 5.5 million dollars which they received only 1.5 million dollars so craig adams is walking around with the title to a $5.5m piece of land having been out of pocket virtually nothing and we’ll have a look we’ll have a look and the money he received he didn’t pay it all to he mortgaged the property and did not pay at all to mohan kumar so as i said in episode 7 that is apparently the fault of the torren’s assurance fund and justice darke did not agree with mahony lawyers and the claim was refused so it’s it’s

we’ll just touch on some of the highlighted points and if you’re really that interested you can download this and read this in in fine detail but it’s justice darke finds at certain times the interest was protected by caveat so the very first thing that that i did i was asked by mr how do i put it i can’t sleep and i said why don’t you just put a caveat on it? so we went and put a caveat on and that was put on about the 27th of march 2017 and that’s how i know when i met ralph paligaru so there it was protected by this caveat some times however during other periods there was no caveat and at that time mr kumar was under the care of john mahony and ralph paligaru so you know precisely why they took them off we don’t know other than what’s in this judgment so we’re just reporting the facts we’ve absolutely there’s no criticisms whatsoever of justice darke or the decision he made and none of this is a you know is a massive surprise but anyway look there was various different mortgages at various different times craig adams the argument is that what the argument was it which didn’t work was that craig adams made use of a withdrawal of caveat form that had been executed on behalf of mr kumar by his attorney mr paligaru ralph paligaru so

and look ultimately craig didn’t pay his mortgage the property was sold by kesinda this is a fact and then there was a huge argument about who got what and i was there so i know it in the proceedings were resolved by way of consent orders on made in july 2019. now i i did actually put up the consent orders in episode 7 and showing exactly who got what and i’ve put here now this is not a criticism of justice darke but i’m just saying the the plaintiff received a total of $527 000 out of 2 million so he was … and he received 500 and this is saying well he actually received 26% of the available funds but that’s not with no disrespect to justice darke that is probably not exactly correct kumar actually received two lots he received 26% but on top of that he received another 9% and who did he give that to he gave that to one of my companies and why did he do that so in fact when you look at these arguments that justice darke talks about and says well hang on i’ve done my calculations to work out whether you lost money or you didn’t and then he talks about causation and who’s to blame in other words who’s to blame for mohan kumar not getting four million dollars or you know two million of the two million and look kumar actually did receive 35 of the available funds so there was two million in something available but he chose to pay he chose to honor an agreement he had with me that where he he actually assigned ralph paligaru actually assigned all of mohan kumar’s interest the whole lot to me and and i had an arrangement where i was going to pay successfully and it turns out that actually the success is 26 of what was available and my cut was nine so when you look at these arguments as we go further down into the document it this is no disrespect to justice darke but he did in fact received more than 26 percent he just gave away nine percent so it was 35 of the available so again absolutely no disrespect the so the plaintiff and so in these circumstances so in these circumstances where he actually got 35 the plaintiff alleges that he has suffered loss or damage resulting from the operation the act and justice darke didn’t didn’t go for that so you know and then it gets into some very long analysis the the loss yeah anyway they’re saying suffered loss by consequence of the registration of the consent casino mortgage so it is true that and i’ve numbered all of these so let’s maybe have a look at these salient facts and these are facts found by a supreme court judge and nothing nothing nothing but respect so absolute fact the the plaintiff mr kumar resides in india well it doesn’t talk about where but or even who he is and actually later on there’s a very curious remark saying well for some reason the plaintiff didn’t appear he didn’t come and give evidence and there you go well the reason he couldn’t give evidence is because he’s in jail so it doesn’t seem that that fact was shared publicly but look here are the here are the passport photos and photos of the arrested person and you tell me if they’re the same person i’m not an expert and i don’t i’ve never been to india i’ve never been to any jails i’ve never met mr kumar it’s just it’s an open secret that’s who he is and no one bothered to share that with justice darke so look the piece of land was as i said 632 old northern road dural and there’s its title particulars ralph sold it i’ve showed you the front page of the contract in episode seven for 5.5 but in fact they received 1.5 was put down and there was a series of arrangements that craig adams was to pay 500 there and a million here and another two and a half and time is of the essence and again this all fits into the argument that mahony lawyers put forward that this is all the fault the fact that there was money lost that’s the fault of the torrens assurance fund and really the taxpayer should be should be coughing up to compensate mr kumar and as i said that was not accepted so the purchase price there number number one two three so let’s just have a look and these are some of the this is under the heading salient facts again not my not my facts these are facts that justice darke the honourable justice darke found so we know on the 31st of may the contract price was 5.5 million only 1.5 was put down but the property was used as a credit card i suppose and a mortgage secured the sum of 2.275 million dollars so 1.5 the fact is the plaintiff received 1.5 million on settlement and whether the other three quarters of a million dollars go well the director of bargo was craig adams so we’d have to ask craig adams but we know that only 1.5 million was ever paid to mr kumar and that’s that so and this is the fact that was the only money that was ever ever paid out of a 5.5 million sale price only ever 1.5 was ever paid so we know that time was of the essence there it is time was at the essence and 1.5 was on on settlement there was after four weeks another half a million dollars was required time of the essence six months later another million dollars and none of this was this contract wasn’t enforced and not only that the salient facts that in may 2016 there was it was hot to the tune of 2.275 but a further a further that’s the kit that i put on there you go i put that on i went into the counter and paid the money and on on or about the 27th of march and ralph could sleep at night then you know so so we know that six months later he mr adams and bargo hocked the the property again there was the initial mortgage was to ar mortgages and then along came in and him now the very first thing i went and did was wrote to him in a name and said stop lending money and stop lending any more money and making mr kumar’s position any worse so literally from that day in march of 2017 they were on notice and they did not and i’ve got copies of the the correspondence i went around that night and you know before six o’clock the next morning in march of 2017 saying oh i i have a habit of dropping the s-bomb sometimes but uh

number one three-quarters of a million went to craig adams’s pocket or somewhere you know and then another four hundred thousand this is still not going into mr kumar’s pocket despite their being a contract despite mr kumar having ralph paligaru on the ground is his power of attorney and on top of that well there’s there’s even more money being borrowed so another 350 000 was was borrowed in august 17 a very interesting date on the third of and then even more so it just goes on and on and on and on and on more and more hocking of this land and again i put in a name on notice of that anyway long long story but there’s more and more hocking of this property going on and in august of 17 even more money was borrowed and you know here’s a full list and i mean i find this extremely interesting there was seven caveats so craig adams obviously well there’s some very harsh findings here about craig adams but there was mr paligaru deposes this is his evidence there were seven caveats in the end seven so seven lots of hocking of money against mr kumar’s interest and mr mr paligaru for whatever reason he had from the day i put the caveat on for mr kumar mr kumar was protected from that point in an m had noticed do not lend any more money he’s in default to mr kumar he has four million dollars and he’s in default and another six yes i think that’s correct another 6k bits on top of the the kb i put on was ripped off and another six were put on so craig is just borrowed and borrowed and buried and borrowed and borrowed and in the end someone said well this is the torrens assurance fund’s fault

justice i didn’t agree with that so i’m with justice darke by the way so ralph further deposes that he was concerned he was concerned i was concerned that there was six more lots of hocking of money and in 2017 now this is after ralph has lifted the cable that i put on mr manny writes to mr adams oh we’re not very very happy here and so you can read this for yourself but this is something i find very interesting paragraph 19. this demanding writes on the 6th of november 2017 i have i have now been contacted directly by the representatives in india of mohan kumar

i i find that very interesting the representatives in india in india so i i i’m curious whether that’s true that’s what it says that’s what the email says i’m curious if it’s true i don’t know i have no idea i’ve never talked to mr kumar ever but apparently some representatives called well i i he says mahony writes i have now been contacted as you’re aware there’s vendor finance as you’re aware you’re in default and you know it goes on now all all along here no response there was no response craig got the email and just ignored it ralph went to fiji some of these things aren’t really relevant but i i am dubious about some of this not of what yeah i’m dubious about the evidence that was given in cross examination mr paligaru agreed that so how did how did mr feligaru sorry how did mr kumar miss out well a cave it was lifted and mr peligaru gave evidence that in november 2017 he gives evidence adam’s according to this email adams knew that the withdrawal form was located in the bottom drawer so of the parker office it’s a long story and you’d have to read it and we’ll send you to sleep if we if we talked about it but paligara gives evidence that before he departed from australia he handed it withdrawal of caveat form in the bottom draw of the desk i used from time to time so craig sorry ralph and craig sometimes shared an office

now credit to ralph justice darke actually says he accepts ralph’s version okay but still rules against them he accepts that this actually happens justice darke accepted that he was told orally on or about the 15th of november you’re only to use this in certain circumstances craig went ahead and used it anyway but i’ll cut to the end let’s

before i get there this is the evidence of of mr mister i’m putting this this is what he says i am putting this which is the withdrawal of kv i’m putting this in this draw do not use it until i have full details of any proposed finance or equity position to be taken to be taken by any prospective partner by any prospective partner or joint venturer with us joint venturer with us

until i have full details of any proposed finance or equity position to be taken by any proposed joint a partner or joint venturer with us so with us so it’s to be there’s an us these are ralph’s own words there is an us and again somewhere in this lengthy document it’s 27 pages long somewhere in this lengthy document justice darke ponders why it was that ralph gave a withdrawal of caveat when

in fact there wasn’t a cave on on the title at that time it was in december and ralph’s evidence is that on the 15th of november he gave he handed craig the withdrawal of caveat but there actually wasn’t a caveat on the title on the 15th of november it was in december so and craig used so craig used that

to remove the december cave it but there was no cave in november so i’m my handwriting here says dubious i’m dubious uh

oh here you go if mr a lie now that really should say question mark if mr paligaru is evidence concerning the signing of the withdrawal of cavity is accepted if it’s accepted the form was signed at a time when the plaintiff had no caviar now justice darke found i mean he accepted ralph’s evidence that it was the honor of that date he did hand craig the withdrawal the plaintiff lodged another one on the 4th of december so precisely why ralph gave this is dubious or curious or it is very puzzling but it is very puzzling but he gave on about the 15th of december the withdrawal of acadia for occasion that hadn’t actually been lodged until the fourth of december three weeks later very curious more correspondence it’s it’s franklin the easy gets mentioned any refinance is also to result in the discharge of the second mortgage over the peligaro home in favor of franklin using holdings anything that you do must be referred to us there’s ian jordan comes in now wonderful friend from australasian property group who are being sued by the liquidator bargo now who appointed the liberator that’d be me the liquidator bargo so when all of this turned to custard i appointed a liquidator and i swore that there was a debt of very close to six million dollars owed to me it once upon a time was owed to mr kumar but courtesy of ralph alegaro on not one but two occasions ralph assigned that collection to me and the six million dollars and that was in july of 2018 and he went ahead and amended that deed on the 13th of november 2018. so precisely again this is this is why i was absolutely certain that this would fail this this argument that it’s the torrens assurance fund’s fault that mr kumar lost all this money it’s his fault it’s the tourist assurance fund’s fault well no it was never even remotely possible that it was their fault because ralph assigned the collection to me and and here he’s on the debt i went to the supreme court of victoria and said hey my company is owed six million dollars by fargo developments and they’re they’ve failed to pay back in in accordance with the terms now we had a look up above let’s just go up above it says he here’s the payment schedule well so time was of the essence so i gave him 21 days and said at a certain point i wrote and said hey you owe us six million dollars by that point with you know or whatever the figure was it was over five and here’s a copy of the here’s a copy of the demand that was was put on fargo they never paid enough thomas of the essence and so they were deemed to be insolvent and so how was it ever possible that mr kumar lost money because of the fault that was caused by the fault of the torrens assurance fund no no the right they didn’t even have standing to go to court mr mr kumar had no standing his his entire loss was given to me into my company to pursue and then mr caligaro obviously thought better of it at some point later and decided oh well that doesn’t suit me to have mark smith collect the money even though he paid me nine percent of the funds which you can work out nine percent of two million dollars about 180 000 so it’s it’s just very puzzling so it’s a long long story and jordan gets a mention ebm now these are craig’s accountants his accounts were a firm at called dbw in um

in north sydney i’ve been to their office late one night the b in dbw was a man called bardela and max mardella and max maximilia maximilio bardella and he he loaned money to he was one of the six people that advanced money his company ebm as distinct from dbw dbw helped with all sorts of manner of wonderful documents in support and all up look there was there’s a long long list of of people that were doubted but i withdraw that there’s a long long list of people that get a mention so there’s as i said there were six caves there’s a there’s a very huge gap this is this i found extremely interesting paragraph 37 three further caveats were lodged on or about the 29th of january 2018. one of these was lodged on behalf of reliance leasing mr steinberg so that’s that’s that’s a steinbeck there and on about the 22nd of february 2018 mahony appears to have become aware of the refinancing so again this is this is something that i do find very very interesting on about the 22nd of february now this is the this is what was put to justice darke manny appears to become aware and he writes manny writes a letter to craig adams now i will say oh we should go and have a look at paragraph 16. this is really very very interesting paragraph 16 it is there is evidence that later in august 2017 mr money was acting for the plaintiff so that’s mr kumar in relation to the proposed development and was also acting for craig evans

so he’s acting for multiple parties and i have in previous episodes i said he’s mr mahony how he was able to manage these and juggle these conflicts or not so much the conflicts but the conflicting interests surely mr kumar has one interest hey i want to be paid and craig adams hey i like this getting free money stuff and i can just use this as my credit card i can keep three quarters of a million then another 400 for me and do whatever the hell he likes so it’s it’s a it’s a really really really stunning thing so 22nd of february mahony writes to adams i enclose a copy of a letter to rely of a letter to reliance from the solicitors for the new first mortgage the existence is of syria the existence so that was considered the existence of a new first mortgage is a serious concern to my client my client’s worried sick he’s in jail in in india doesn’t say that but as as my client has a beneficial interest in the whole of the dural land four million bucks but you just keep adding what he’s saying what he’s trying to say is you just keep adding and adding currently there are nine caveats on the property now

this is this is kind of stunning

on the 9th of march casinda’s lawyers bransgroves kate cooper and name is the senior partner there one such one such document was a withdrawal of kv form that had been signed by mr palgary so according to mr peligaro and the judge believes him okay so according to mr palgary mr palgary who handed craig adams we had a look a little bit a few minutes ago mr peligaro handed craig adams a withdrawal of caveat at a time in the middle of november at a time when there was no cavity on the on the land in in the name of kumar and in paragraph 41 here it’s saying well the mid november 2017 withdrawal of caveat was handed it was used by it was handed up by craig adams on the 25th of january 2018 to to your firm brands groves and and that that form states yes it’s the december this number here is the december cave it so as the withdrawal was signed on the 15th of november for a caveat that hadn’t been put on and ralph had only gone overseas for one week from about the 17th to the 24th of november so for whatever reason ralph never took that caveat withdrawal of kv back and justice darke is critical of that later on and he’s also critical and says well why didn’t you just leave the withdrawal of kavit you went you’re going to feed you why didn’t you just give it to john marty so one must wonder whether john mahony got the entire story i’m finding myself i’m finding myself going to bat for john manny here i’m just wondering so look it’s it’s it’s really quite remarkable he and jordan casinda casinda as on the 9th of march writes a letter cassinder writes a letter to apg to ian jordan and they say well hang on i don’t think you want to i don’t think you want to be behind mr kumar so this is the whole issue about lifting cavities when when caved is lifted we understand from the receiver mr kumar claims an unpaid vendor’s interest in the vicinity of 6 million bucks no doubt these these are the words of brans grabs no doubt your client would prefer not to be behind that claim for a piece of land that’s only worth five or five and a half and and there’s already there’s close to three million dollars already hopped you don’t want to be behind some of the zones six because there’s no equity look this is this is a stunning stunning document here you go this this is one of the curious findings i note in passing that mr paligara gave evidence to the effect that at no time between his leaving the withdrawal in the desk at bargo’s office and march did he receive any communications

about any refinancing he did not receive any communications from mr pelleck from mr adams at no time between march at no time between he’s leaving the withdrawal of kbit form in the desk and in the bargo office and march 18. did he receive any communications from craig arms about any refinancing of the documents that’s the evidence now i i’m going to say justice darke is smart enough to be able to read a transcript of the evidence and that’s what he’s saying he’s saying i wasn’t there okay i certainly was not there and i don’t know i didn’t listen to the evidence that mr paligaru gave but justice darke i know him passing that mr paligaru who gave evidence to the to the effect to the effect so he didn’t actually give direct evidence that at no time between between leaving the withdrawal of caveat and march 18 did he receive any communication so i’m just going to pause it here and we’re going to see we’re just going to have a look at some things all right so at no time at no time between leaving the withdrawal of caveat did he receive any communications from mr adam about the refinancing the dual property at no time up until march so i’ll just jump down to something else that i’ve seen offline curiously on the same day so on the same day another cave it was lodged by the plaintiff so what are we talking about here this was third of april mr mahony sent an email to mr craig adams and keep in mind this is all in the context that mr mahony is saying well it’s the torrens assurance fund’s fault that mr kumar lost money it’s their fault

third of april on the third of april so this refinancing happened on the 25th of january on the third of april justice darke notes on the same day on the same day the third of april another caveat was lodged on by mr kumar so that went on on the third of april and that was recorded that’s this is all public you can anyone can google this egg look up this purchase a copy of that by this caveat the plaintiff again claimed to be the unpaid vendor under this 26th of may sorry 2016 may contract curiously curiously the caveat was apparently signed by mr peligaro as the plaintiff’s attorney on the 30th of january so it’s this continual delay delay delay from the 30th of january to the 3rd of april it’s months here months there in action letting giving craig all this this road so i think you can see where this is sort of coming unstuck but let’s just go back to this other

noted passing that mr paligaru gave evidence to the to the effect that at no time so let’s let’s test this here’s an email now at no time did he receive any communications well that’s different to sending it but did he receive any communications about any refinancing

well here’s an email and we’ll see who sent me this and how did i get it 10th of january now that’s that’s between december and march 10th january john mary wrote craig kumar is not happy with the delay in warriewood settling have you issued a notice to complete do you need do you need my help if your lawyer can’t do it i’ll i’ll just act for you and i’ll keep acting for mr kumar but i can manage all this this is what he’s saying this is ridiculous delay that needs to be sorted mohan kumar reserves all right but hang on he can but if you need a lawyer no command reserves all rights but if you need a lawyer i’m your man do you need a lawyer john john ah 3 54 a.m something’s keeping craig away john please come to the city tomorrow and i’ll reassign property and loan to you

please tell me what time you’re available and i’ll have adam tilley meet us and workout guarantees so all you’ve got to do is guarantee it and i’ll resign so the evidence was at no time palgary gave her the effect of no time between he’s leaving the withdrawal in march did he receive any communications from craig about any refinancing so what’s this adam tilley who’s adam tilley adam tilley will meet you to work out financing guarantees on financing

later that day craig is not my [ __ ] as you put it mr kumar’s rights you know and you keep mortgaging his property ah nine k bits later before you paid for it you keep ralph has signed the transfer transferring [ __ ] so ralph actually had the right to transfer the shares in bargo and and transfer the ownership of the company to mr kumar

therefore he’s in your interest to work to solve the problem now the problem is for you is that not only will you have lost the development value you’re in default of the loans which are secured we’re giving you until 4 pm today the current payout tell us the current payout if you can’t get those figures kumar will will by next monday become the owner and serve lapsing notices

so i don’t know if this is well eleventh mate mate i tried to call you this is going to go pear shape so this is from ralph to justin hatfield who’s justin hatfield oh that’s he wouldn’t be talking about refinancing because just justice darke found at no time was there any evidence he gave it ralph gave evidence to the effect of no time did he receive any communications from mr adams well i suppose this one to to justin hatfield is probably not from but anyway i’m stuck in the middle an asset line who are they they’re money lenders justin hatfield as soon as craig settles warriewood has has to happen in the next 10 days one lender you know cross-collateralize this and that whatever 13.5 million

the current payout figure is 2.7 million dollars to winchester o’rourke that’s tilley uh

at no point at no time the evidence was at no time was there any discussion about refinancing after ralph has those figures kumar will be in a position to refinance general without putting you in default of your loans secured over your property over 88 perfection avenue cross-collateralization is in breach of the sales contracts so a few choice words here the point is he’s he was going to refinance with tilley adam tilley no news warriewood who knows it’s almost a ponzi scheme

and mr hadfield you have facilitated a lot of it

it’s easily resolved once warriewood settles what’s happening with at no point was there any discussion about refinancing ralph ralph wrote what’s happening with tilley refi refinancing it’s fully approved it’s fully approved so the evidence did he receive any communications about any refinancing of the general property

i i’m just not sure whether justice darke saw these communications but they’re there interesting not good enough john mahony’s still on the 11th not good enough client has been waiting months for the mythical warriewood settlement time is up kumar will now register the share transfer well even in april still hasn’t happened also what is the secret about telling us how much people take to free dural of the various blisters kumar will not accept any more delays well apparently he will justin hatfield lumley finance and loans now if this wasn’t about refinancing if this wasn’t about refinancing then you know so it goes on and on and on and on the solicitor is the vendor’s worst nightmare this all comes to craig not communicating and swearing another so there’s craig will lose his family asset liner ruthless mahoney acted for paid on exchange acted against paid on exchange and wants payments so but ralph is organizing the logistics of his daughter’s engagement so let’s see what else there is here’s another email this is to do with maybe not to do with refinancing but this is certainly from craig we’re trying to we’re trying to get as mentioned i have warriewood projects setting on the 29th yet so on the 30th according to justice darke ralph signs a new caveat which he doesn’t put on until the third of april and again all of this is the fault of the torres assurance fund let’s have a look at this one all of these are sent to me by ralph by the way so let’s ralph from ralph to mark that’s me from ralph to mark from ralph to mark 22nd tomorrow tomorrow so this property settled on the sorry the the use of the caveat occurred on the 25th of january and there was communications between

at no point did he receive any communications from mr adams about any refinancing of the general poverty well i’m going to say i’m sorry that on the 25th of january there’s another communication but tomorrow so tomorrow is the 23rd of january this is before before the cave it is used gents mr lalich this is another one the evidence was there’s no communication about refinancing from craig well mr lalich is one of craig’s lawyers

you know so they’re they’re meeting up on ralph is meeting with justin hatfield and justin hatfield this wouldn’t be anything to do with a refinancing would it lumley finance and loans accredited finance broker well i’m you know i am i’ve said i’m dubious about that evidence that ralph has has given to the effect that there was at no time did he receive any communications yet you know this is not a communication about refinancing from justin hatfield who’s a mortgage broker craig adams you know so this is here see you there see you there so as you can see there’s quite a lot to this particular judgment and we’re only up to page six of 27 and it really does go on but i’m just highlighting a few key bits i’ll just return now to this other thing and i’ve said that i am dubious about i’m not calling saying that people are outright lying but i am highly dubious about some of the aspects of what was put in front of justice darke and i’ll take you back to this one paragraph 19 mr mahony on the 6th of november now this is at a time when there was no yes there was no caveat on the land according to ralph’s evidence on the 15th of november ralph then went and put went and handed craig adams a withdrawal of the cave yet that wasn’t on and then in december one was put on so in the evidence this is mr manny wrote to craig adams on 6th of november when there was no caveat and he says and we’ve talked about this just before i have i this is what manny writes now this is important because he says it’s true and i’ll show you i’ll show you something else so this is on the 6th of november 2017. now i’m going to show you something in 2018 that causes me to be dubious i mr money i have now been in contact directly oh sorry i have now been contacted directly by the representatives in india of mr kumar so someone in india has contacted mr kumar as you’re aware kumar is the vendor there’s a vendor finance you’re in default and in december 17 he’s mahony is writing and why why are we saying this well money’s been paid he owes the duty of care to mr kumar and according to his his correspondence he’s in contact with him so he must if you believe what he’s writing he must accept that he did over duty of care and so as a matter of urgency as a matter of urgency well there’s no caveat so it the kv doesn’t actually go on for another month and is subsequently withdrawn using a withdrawal behavior that ralph did not give to mr manny he left it in a drawer according to ralph he left it in a drawer in bargo’s office as a matter of urgency as the basis of you know the encumbrances a copy of this certificate of title a copy of the five caveats we’ve we have we have been instructed so did someone in india according to i’ve been contacted directly by representatives in india we have now been we have been instructed to determine whether all can be removed through lapsing notice or through litigation so at this point well at this point

at this point the mortgagee is the first monkey is in the name properties and they’re on notice because of my letter there are notice of this interest so we’ve told them i told them absolutely do not lend any more money and subsequent to this more money was lent and but again the argument that money law is using is that this is all the fault of the torrents assurance fund it’s all their fault all of this you know as a matter of urgency we’ve been instructed to you know start laughing things can we lapse them can we can we have media litigation and there’s no response so there’s no response this is the 6th of november and academia does go on in december and is subsequently withdrawn using a withdrawal academia date of the 15th of november of their abouts so we asked to find out the current balance on the n m nine he says he’s been contacted by people in india directly that’s now directly in his email of november 2017. the ralph please provide me the contact details for the indians so he doesn’t even know who his client is he’s only dealing with this is a year later he’s either lost the phone number let’s be generous and say he’s lost the phone number please provide me contact details he doesn’t know he doesn’t know the name he doesn’t know the phone number according to this this is the way i’d read it please provide contact details not just the phone number person phone number emails you know what their relationship as you are unable to do anything to further this matter i need to speak with the indians to have you replaced whoa to have you replaced as their attorney

why did i donate why did it take until october 18 the land’s been sold by that point but yet a year before he’s saying in november the year before he’s saying i was a man of urgency we need to find out and start lapsing things

i’m saying look let’s let’s have a look now there is a i’m just going to throw it up on the screen here we’ve got signed by ralph peligaru in july and november 2018 twice ralph has assigned a claim that mr mahony sorry that mr kumar would have against mr manny for professional negligence now i don’t know if that’s i don’t know if that claim has legs or not but mr mahony is being employed and sending out bills for hundreds of thousands of dollars 90 to 100 000 or thereabouts two mr kumar so he must have owed he he must feel that he owes a duty of care it took him until october to 2018 after the property sold after the property has been had nine caveats go on it’s it’s really interesting but yet the argument is it’s all the fault forget all of this stuff it’s all the torrents assurances fund’s fault they’re to blame the state government has to has to cough up money i still don’t understand why you don’t want to save your house ralph i’m still here to help i’m still here to help well wow that’s fantastic now let’s go back to we’ll go back to this i have now been contacted directly by representatives in india well i’ve been in contact with them myself you know for several years let’s have a look at some of the stuff that’s being said

here’s what i wrote i’m not going to give you the person’s details did mr manny ever speak with any family members of mr kumar in november 2017. paragraph 19 says he did hi mark no he or ralph has never spoken to any family member only you were the first to approach us the first this poor bastard’s sitting over in jail in india now i’m this is not mr kumar this is a representative but this poor bastard is sitting in jail he’s had his four million dollars plundered and i am the first to contact them

first that’s pretty clear okay then i go on in in the court judgment manny gives evidence he has described he has had discussions with someone in india in india not just ralph someone in india

the reply who is that someone there has to be a name i believe him i do believe this man

by sayings just by just saying someone in court it doesn’t make any sense he has to give details and here’s specifically what i did send to the contact i have now been in contact directly i have now been contacted directly by the representatives in india in india

no name paragraph 16. he’s just making it up he’s just making it up

wow now things aren’t i’m just repeating this i’m personally speaking for myself i am dubious like i actually am dubious that this is true i have now been contacted directly but this is what a lawyer with 40 years experience his writing in 6th of november could he have saved that last 400 grand could he have i don’t know

at this point in november 17 none of this none of this claim has been assigned to me so he could have saved maybe four hundred thousand to he could have saved two million dollars maybe and he in his own words he’s saying well we’ve been we have been instructed now if this is correct if he has been contacted directly well he’s in the same email he’s saying we’ve been instructed to determine whether any of the caveats can be removed through lapsing notices or why didn’t he do that he’s been instructed hang on you’re a lawyer you’re instructed why don’t you do it

so again we’re only up to page six it’s it’s it’s a staggering staggering document and full credit to full credit to justice he does i think a very good job with the material he’s been presented now he’s been presented things saying well he’s had contacts with people in india justice darke clearly has absolutely no idea and absolutely no no criticism he doesn’t know he makes the observation we haven’t seen mr we haven’t seen mr kumar record he didn’t he didn’t come and give evidence well okay reason good reason for that he can’t he’s locked up apparently i don’t know so look let’s skip right to the end now and i will say this i will say this this is a very long well it’s not overly long but it’s a lot lengthy and it’s well considered it is well considered third of april manny sent a letter to mr adams mr adams unfortunately unfortunately however our clients our clients have come to no other conclusion than that you have fraudulently also delivered to the solicitor casino the withdrawal of cavity fraud it’s very big if you’re going to say fraud it’s the bar is very very high in all the circumstances in april of 2018 in all the circumstances man is writing in all circumstances we have been instructed again he’s got an instruction to report your actions to the new south wales police for fraud so what did he do with that instruction third of april he’s got the instructions to report you for for fraud and third of april same day they re-lodged the caveat but he’d been sitting on that caveat from since the 30th of january now would it have made any difference i don’t know i don’t know if he’d lodged the cave on the 30th of january it may or may not have made any difference but all i do know is they sat on it they sat on it mr mr mahony or mr paligari where the evidence is the finding the finding of justice darke is that curiously the caveat was apparently signed by the power of attorney mr kunma oh sorry mr palgar on the 30th of january when the plaintiff’s second the second favorite remained on the title so the withdrawal of cave it had been handed over but it still remained so casino actually had the withdrawal um

at the time beligari signed another one on the 30th he must have known that the withdrawal of it had been used yet on the third of april they’re writing letters saying oh we’ve just discovered it and there was a previous finding on the 22nd on the 22nd i said i’ll talk about this gap paragraph 3738 i talk about this gap three further cavetts were lodged on the 29th now this this whole this and one of these i was involved with in some way the reliance leasing one this was lodged on the 29th of january and that stopped putting it on stopped the cinder having theirs properly registered their mortgage i probably registered and the removal of n m and apg’s and there was this obviously this giant clog now ralph apparently signs the the next caveat on the 30th but at this point reliance got theirs on apg got this on slightly behind the one that i was involved in reliance and then lumley that’s that’s the finance broker they got theirs on as well and then on the 30th ralph must have known so he goes and signs another one but claims they don’t know until the 22nd of february 2018 mr mr money appears to have become aware of the refinancing transaction appears so that’s interesting very interesting and right the existence of the new mortgage is of serious concern to my client yet ralph has signed another caveat on the 30th and it’s of such a serious concern he didn’t did nothing with it from the 30th of january until the 3rd of april it’s it’s that it’s there are some questions here so

we then move on the total claim that was made by kumar against the torrens assurance fund is one point called 1.9 million dollars

paragraph 59 is submitted that there are good and now the registrar general says there’s good reasons to doubt the evidence of obviously allegory the registrar general says that there was good reason to doubt the evidence of mr palgary

now we look at the determination what did the court find paragraph 68 i have reservations so just justice star can only deal with the material that’s before him he he he doesn’t do his absolute credit i think he’s done a brilliant job okay but he may not have had all the material put in front of him either by rob calgary or by the torrens assurance fund they may simply not have known as paragraph 68 i have reservations about aspects you find some of it implausible

paragraph 69 despite my reservations i’ve ultimately come to the conclusion mr paligara’s evidence should be accepted so that’s pretty good but it doesn’t change the result the result is how many

paragraph 61 i further find mr adams in making use he was acting making useful withdrawal of cave it was acting contrary to the instructions

on the material that was put before justice darke and i don’t know if that included those emails well i do know that i’ll put it up again peligaro said that at no time was there a correspondence about the refinance but coming back to paragraph 7172 paragraph 71 i accept mr paligara’s evidence to the effect that neither he nor the plaintiff himself had any knowledge of the transaction that’s about the refinancing now again i do not know whether the emails the one tomorrow with lalich and hatfield and there’s a series of them that i put up i do not know whether they’ve been put up to justice darke and considered but on what was can what was put before him he says he accepts mr palgary’s evidence okay i’m prepared to conclude that mr pelic that mr adams acted dishonestly in this really in this respect

paragraph 72 for the above reason i’m prepared to find that mr adam acted this acted fraudulently and making use of the withdrawal of k-bits but okay so that’s to get money on the turns assurance fund there has to be dishonesty or fraud or a mistake by the current assurance fund the registrar general’s department and on top of that you have to prove that it led to loss now that was that’s the whole thing that i’ve always said well hang on i think you’ve postponed yourself ralph by handing this over and look i i’ll just show we’ll go through these other pages there’s lots and lots and lots here okay lots of analysis but the plaintiff submitted that the equity he could have mr kumar could have been four hundred thousand dollars better off and now on top of that there’s interest okay so we’re talking still a lot of money here a lot of money and it was as i said there was a two million dollar kitty apg received out of that fund 725 thousand dollars that’s three quarters of a million dollars and ralph and ian jordan the director of apg have a company together i don’t know precisely i was in the mediation in july 2019 but i didn’t go and shut the door and chat with ian jordan i didn’t and so apg work out with a lot of money now the liquidator is now chasing that and saying well that was a preference and we’ll see where that all goes as i said there’s a whole lot of analysis here and it’s it’s going to be impossible to just go through them all but i’ll put this up on our website let’s have a look at these last two pages in my opinion in my opinion the whole of the loss or damage should be regarded as the consequences of the acts or omissions of the plaintiff the conduct of mr pelago as the plaintiff’s agent in relation to the withdrawal of the caveat the very means by which mr adams was able to perpetrate his fraud that’s to blame so i think as i said earlier justice did find that there was fraudulent conduct but you’ve got to say that okay that that fraud led to the loss and there’s pages and pages of analysis the bottom line is justin darke did not find did not find that it really would have made any difference whether whether there was fraud or not the the post-painting conduct and the arming and all of that it was really the conduct of mr palgary was in in my view plainly negligent he failed to take reasonable care for the interest of the plaintiff that is particularly the case in circumstances from november 17 mr paligara was not only aware of fargo’s breaches so they failed to pay they had to pay 1.5 which they did on this 5.5 million dollar transaction and they had to pay 500 000 within four weeks and another one and a half million or two million or something after that and then another two and a half million so he was aware that they’d missed all of those it was incredible i said third of november 2017 we’ve got the email from mr mahony who says he’s been contacted directly by representatives in india as a matter of urgency and yet justice darke says in particular this is particularly the case in circumstances where from november 2017 mr paligara was not only aware of the breaches under the contract but also had concerns about mr adams’s dealing that he’s hocking the property and he knew he must have known that

he must have known that’s what justice darke thoughts to make the signed withdrawal of caveat form available to mr adams in those circumstances strikes me as contacted contract conduct that is very negligent if not reckless

mr adam utilized the means that were available to him to carry out the fraud applying a common sense approach the conduct of mr palgary should should be regarded as the cause of the claimed loss four million dollars just down the toilet of mr kumar’s money four million dollars down the toilet to my mind it is it is a cause of the loss as much as the conduct of mr adams himself it is a case where there are truly successive causes of the loss it is it is thus it can’t be concluded that the loss or damage was as a consequence of the axial or remission of the sorry that it was a consequence of the acts or omissions of the plaintiff and thus no entitlement it wasn’t the fault of the torrens assurance fund and just to rub it in just a tiny bit more paragraph 22 122 the plaintiff will be dismissed the statement claims dismissed the court will order the court will further order that the plaintiff pay the registrar general’s costs so there you have it a a terrible terrible tale we’ll come back and wrap up in a minute

well how is that for an incredible defeat justice darke as has really nailed that i think and well you would think that that’s the end of it but apparently ralph and john mahony are off thinking thinking about thinking about an appeal can you can you believe it thinking about an appeal on top of that there is another case which i’ve just put up the details about ralph is also personally suing the torrens assurance fund with his wife henrika and a very similar thing around the same time as all of this happened with mr kumar at a very similar time ralph borrowed money at six percent a month and five hundred forty thousand dollars six percent a month from a company called franklin yeezy and for better or worse for better or worse it also the well mr for whatever reason we talked about delays incredibly there was a a delay between about august 2017 and december 2017 very similar periods where ralph failed to put a caveat for neglected to put a caveat on land at warriewood owned by golden arrow international and other craigslist companies and subsequently he missed out on 540 thousand dollars and kept on paying six percent interest a month and in case you can’t work it out that’s like thirty something thousand in the first month and when you don’t pay it just balloons and balloons and like literally i did some sums at one stage it was like fifty four thousand dollars a month interest it was up to so but the trouble is i i think i haven’t seen the judgment and if even when i do get a copy of the judgment or if it’s being dismissed or whatever i’ll make sure if i get the documents we’ll post them and because they’re public documents and um

very similar facts you know i imagine i can’t see how he could possibly win where he he’s going to claim well it’s the torrens assurance fund’s fault that that craig in this instance i think they were just slack and i didn’t put either mahony or paligaru was slack i don’t know who so i’m not portioning blame there but what i do know is there’s a period of four months and there was no caveat on this warriewood land and in the meantime you saw how many caveats craig adams put on bargo he put justice many on maybe justice many he put enough there was lots of occasions put on warriewood as well and ralph missed out and it goes on to pay 30000 a month interest and that’s clearly not sustainable so you would think so where’s this all going time will tell time really will tell but you know to the best of my knowledge ralph’s insolvent we’ve got a we have mike i personally have a consent judgment against ralph $106551 we filed a creditor’s petition and ralph is trying to have it set aside one that he consented to so it’s going to be very interesting he’s managed to get that adjourn until april so in the meantime if there’s any uh

if there’s anyone out there that also has owed money and a lot of money you’re very welcome to come and join the party join the action join the creditors petition for your supporting creditor and it wouldn’t surprise me who you are so again if you’re owed money come and join the action if you’ve got any questions if you know any facts if you’ve got any thoughts we’d love to hear from you www.dcpartners.solutions/podcast or give us a call 1-300-327-123 if you do go to our website check out the link in the bottom right hand corner there’s into the message chat tool we’d love to hear from you and you know thank you very much thanks for tuning in bye

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more the many rs podcast season 1 episode 7.5 – 7.5 we can’t get all the way to 8 we have to go to 7.5 and we have absolutely breaking news from the new south wales supreme court about our one of our favorite r’s – ralph so stand by welcome to season 1 episode 7.5 if you’ve got any questions give us a call on 1300 327 123 that’s until late or hook up with us on www.dcpartners.solutions/podcast … use the chat tools in the bottom right hand corner thank you 

well welcome this is an unusual set of circumstances this is episode 7.5 this is a follow-on episode from our last one where we talked extensively at the end there about our very good mate ralph paligaru and we happened to run into ralph recently and here’s some some updated photos on on ralph for you but this particular episode is about well a judgment of the new south wales supreme court has literally just come down and it is still hot it is still warm so we’re going to have a look at ralph paligaru john mahony that’s the lawyer or is it mahony i no one has ever explained that to me we’ve got mohan kumar who is sometimes known as Chhota Rajan and we’re going to have a look at he’s a resident of tihar prison in in delhi in india and we’re going to have a look at the supreme court judgment in the matter of mohan kumar and shs well and the registrar general the torrens assurance fund so we can this is a public document and in fact this this has just come out unbeknownst to us we don’t watch these things day and night but someone brought it to our attention that the judgment had just come down on it had come down before we’d actually put out episode seven so we felt it was only right that we updated the record so let’s get on and we’ll have a look at the judgment okay so this is the judgment of the new south wales supreme court and anyone that wants to google this can go to a site called caselaw.nsw.gov.au and just google that and it’s a set of proceedings 2021 proceedings it was heard by justice darke who i have to say i’ve got i’ll make some comments as i go through i think he’s got it absolutely substantially correct he he wouldn’t know some of the very tiny minor facts but but still it’s it’s well worth having a look but look the whole gist of it is the claim for compensation a claim from mohan kumar for compensation from the torrens assurance fund is refused so that’s the decision so we can go through and have a quick look well we can have a long look but anyway it’s a it’s a very extensive document it’s i’m just gonna highlight some of the relevant bits there’s quite a lot and i’ll publish the entire document up on our website www.dcpartners.solutions/podcast i’ll i’ll include some text so you know what to look for but anyway the registrar general of the torrens assurance fund or the landed property in new south wales titles are kept for land and that those titles are kept in a central register called the torrens title register so and when a person loses an interest in land if it’s either by fraud or by some error made by the torrents of by the land and property by the people that keep the titles then that person that suffers loss is entitled to compensation and every time there’s a dealing every time that there’s a transaction involving land okay the registration of a mortgage the transfer when you pay stamp duty and all of that a very small sis collected and it goes into this fund called the torrens assurance fund just in case anything goes wrong so i can say that the trans assurance fund or the registrar general was represented by someone called patricia lane who happened to be one of my lecturers at sydney uni and you can see here the whoa

says here okay well pardon me the plaintiff was represented by patricia lane wow how very very interesting and mr mr mahony was there as well so i’m sorry i got that around the wrong way very very very interesting patricia lane nothing but absolute respect she was a fabulous teacher and unbelievably knowledgeable i might have got that the wrong way around i anyway i assume that this is correct so these proceedings are bought by mohan kumar there has there was obviously no discussions about who mohan kumar is in fine detail but he certainly was the registered proprietor of land at old northern road at dural number 632 old northern road dural and that was if you like the word sold it was sold in may of 2016 by his power of attorney ralph paligaru to a company called bargo developments proprietary limited and i’m just going to sort of these these are public and we’ll just you know talk about these so mankind has claimed an interest in the land as what’s called an unpaid vendor’s lien and i absolutely i met ralph on about the 27th of march in 2017 and he was introduced to me by mr steinberg from reliance leasing and ralph complained he couldn’t sleep at night because he was worried that about worried sick about whether he was going to get paid so when i say this property was sold it wasn’t paid so it was a property piece of land worth 5.5 million dollars which they received only 1.5 million dollars so craig adams is walking around with the title to a $5.5m piece of land having been out of pocket virtually nothing and we’ll have a look we’ll have a look and the money he received he didn’t pay it all to he mortgaged the property and did not pay at all to mohan kumar so as i said in episode 7 that is apparently the fault of the torren’s assurance fund and justice darke did not agree with mahony lawyers and the claim was refused so it’s it’s

we’ll just touch on some of the highlighted points and if you’re really that interested you can download this and read this in in fine detail but it’s justice darke finds at certain times the interest was protected by caveat so the very first thing that that i did i was asked by mr how do i put it i can’t sleep and i said why don’t you just put a caveat on it? so we went and put a caveat on and that was put on about the 27th of march 2017 and that’s how i know when i met ralph paligaru so there it was protected by this caveat some times however during other periods there was no caveat and at that time mr kumar was under the care of john mahony and ralph paligaru so you know precisely why they took them off we don’t know other than what’s in this judgment so we’re just reporting the facts we’ve absolutely there’s no criticisms whatsoever of justice darke or the decision he made and none of this is a you know is a massive surprise but anyway look there was various different mortgages at various different times craig adams the argument is that what the argument was it which didn’t work was that craig adams made use of a withdrawal of caveat form that had been executed on behalf of mr kumar by his attorney mr paligaru ralph paligaru so

and look ultimately craig didn’t pay his mortgage the property was sold by kesinda this is a fact and then there was a huge argument about who got what and i was there so i know it in the proceedings were resolved by way of consent orders on made in july 2019. now i i did actually put up the consent orders in episode 7 and showing exactly who got what and i’ve put here now this is not a criticism of justice darke but i’m just saying the the plaintiff received a total of $527 000 out of 2 million so he was … and he received 500 and this is saying well he actually received 26% of the available funds but that’s not with no disrespect to justice darke that is probably not exactly correct kumar actually received two lots he received 26% but on top of that he received another 9% and who did he give that to he gave that to one of my companies and why did he do that so in fact when you look at these arguments that justice darke talks about and says well hang on i’ve done my calculations to work out whether you lost money or you didn’t and then he talks about causation and who’s to blame in other words who’s to blame for mohan kumar not getting four million dollars or you know two million of the two million and look kumar actually did receive 35 of the available funds so there was two million in something available but he chose to pay he chose to honor an agreement he had with me that where he he actually assigned ralph paligaru actually assigned all of mohan kumar’s interest the whole lot to me and and i had an arrangement where i was going to pay successfully and it turns out that actually the success is 26 of what was available and my cut was nine so when you look at these arguments as we go further down into the document it this is no disrespect to justice darke but he did in fact received more than 26 percent he just gave away nine percent so it was 35 of the available so again absolutely no disrespect the so the plaintiff and so in these circumstances so in these circumstances where he actually got 35 the plaintiff alleges that he has suffered loss or damage resulting from the operation the act and justice darke didn’t didn’t go for that so you know and then it gets into some very long analysis the the loss yeah anyway they’re saying suffered loss by consequence of the registration of the consent casino mortgage so it is true that and i’ve numbered all of these so let’s maybe have a look at these salient facts and these are facts found by a supreme court judge and nothing nothing nothing but respect so absolute fact the the plaintiff mr kumar resides in india well it doesn’t talk about where but or even who he is and actually later on there’s a very curious remark saying well for some reason the plaintiff didn’t appear he didn’t come and give evidence and there you go well the reason he couldn’t give evidence is because he’s in jail so it doesn’t seem that that fact was shared publicly but look here are the here are the passport photos and photos of the arrested person and you tell me if they’re the same person i’m not an expert and i don’t i’ve never been to india i’ve never been to any jails i’ve never met mr kumar it’s just it’s an open secret that’s who he is and no one bothered to share that with justice darke so look the piece of land was as i said 632 old northern road dural and there’s its title particulars ralph sold it i’ve showed you the front page of the contract in episode seven for 5.5 but in fact they received 1.5 was put down and there was a series of arrangements that craig adams was to pay 500 there and a million here and another two and a half and time is of the essence and again this all fits into the argument that mahony lawyers put forward that this is all the fault the fact that there was money lost that’s the fault of the torrens assurance fund and really the taxpayer should be should be coughing up to compensate mr kumar and as i said that was not accepted so the purchase price there number number one two three so let’s just have a look and these are some of the this is under the heading salient facts again not my not my facts these are facts that justice darke the honourable justice darke found so we know on the 31st of may the contract price was 5.5 million only 1.5 was put down but the property was used as a credit card i suppose and a mortgage secured the sum of 2.275 million dollars so 1.5 the fact is the plaintiff received 1.5 million on settlement and whether the other three quarters of a million dollars go well the director of bargo was craig adams so we’d have to ask craig adams but we know that only 1.5 million was ever paid to mr kumar and that’s that so and this is the fact that was the only money that was ever ever paid out of a 5.5 million sale price only ever 1.5 was ever paid so we know that time was of the essence there it is time was at the essence and 1.5 was on on settlement there was after four weeks another half a million dollars was required time of the essence six months later another million dollars and none of this was this contract wasn’t enforced and not only that the salient facts that in may 2016 there was it was hot to the tune of 2.275 but a further a further that’s the kit that i put on there you go i put that on i went into the counter and paid the money and on on or about the 27th of march and ralph could sleep at night then you know so so we know that six months later he mr adams and bargo hocked the the property again there was the initial mortgage was to ar mortgages and then along came in and him now the very first thing i went and did was wrote to him in a name and said stop lending money and stop lending any more money and making mr kumar’s position any worse so literally from that day in march of 2017 they were on notice and they did not and i’ve got copies of the the correspondence i went around that night and you know before six o’clock the next morning in march of 2017 saying oh i i have a habit of dropping the s-bomb sometimes but uh

number one three-quarters of a million went to craig adams’s pocket or somewhere you know and then another four hundred thousand this is still not going into mr kumar’s pocket despite their being a contract despite mr kumar having ralph paligaru on the ground is his power of attorney and on top of that well there’s there’s even more money being borrowed so another 350 000 was was borrowed in august 17 a very interesting date on the third of and then even more so it just goes on and on and on and on and on more and more hocking of this land and again i put in a name on notice of that anyway long long story but there’s more and more hocking of this property going on and in august of 17 even more money was borrowed and you know here’s a full list and i mean i find this extremely interesting there was seven caveats so craig adams obviously well there’s some very harsh findings here about craig adams but there was mr paligaru deposes this is his evidence there were seven caveats in the end seven so seven lots of hocking of money against mr kumar’s interest and mr mr paligaru for whatever reason he had from the day i put the caveat on for mr kumar mr kumar was protected from that point in an m had noticed do not lend any more money he’s in default to mr kumar he has four million dollars and he’s in default and another six yes i think that’s correct another 6k bits on top of the the kb i put on was ripped off and another six were put on so craig is just borrowed and borrowed and buried and borrowed and borrowed and in the end someone said well this is the torrens assurance fund’s fault

justice i didn’t agree with that so i’m with justice darke by the way so ralph further deposes that he was concerned he was concerned i was concerned that there was six more lots of hocking of money and in 2017 now this is after ralph has lifted the cable that i put on mr manny writes to mr adams oh we’re not very very happy here and so you can read this for yourself but this is something i find very interesting paragraph 19. this demanding writes on the 6th of november 2017 i have i have now been contacted directly by the representatives in india of mohan kumar

i i find that very interesting the representatives in india in india so i i i’m curious whether that’s true that’s what it says that’s what the email says i’m curious if it’s true i don’t know i have no idea i’ve never talked to mr kumar ever but apparently some representatives called well i i he says mahony writes i have now been contacted as you’re aware there’s vendor finance as you’re aware you’re in default and you know it goes on now all all along here no response there was no response craig got the email and just ignored it ralph went to fiji some of these things aren’t really relevant but i i am dubious about some of this not of what yeah i’m dubious about the evidence that was given in cross examination mr paligaru agreed that so how did how did mr feligaru sorry how did mr kumar miss out well a cave it was lifted and mr peligaru gave evidence that in november 2017 he gives evidence adam’s according to this email adams knew that the withdrawal form was located in the bottom drawer so of the parker office it’s a long story and you’d have to read it and we’ll send you to sleep if we if we talked about it but paligara gives evidence that before he departed from australia he handed it withdrawal of caveat form in the bottom draw of the desk i used from time to time so craig sorry ralph and craig sometimes shared an office

now credit to ralph justice darke actually says he accepts ralph’s version okay but still rules against them he accepts that this actually happens justice darke accepted that he was told orally on or about the 15th of november you’re only to use this in certain circumstances craig went ahead and used it anyway but i’ll cut to the end let’s

before i get there this is the evidence of of mr mister i’m putting this this is what he says i am putting this which is the withdrawal of kv i’m putting this in this draw do not use it until i have full details of any proposed finance or equity position to be taken to be taken by any prospective partner by any prospective partner or joint venturer with us joint venturer with us

until i have full details of any proposed finance or equity position to be taken by any proposed joint a partner or joint venturer with us so with us so it’s to be there’s an us these are ralph’s own words there is an us and again somewhere in this lengthy document it’s 27 pages long somewhere in this lengthy document justice darke ponders why it was that ralph gave a withdrawal of caveat when

in fact there wasn’t a cave on on the title at that time it was in december and ralph’s evidence is that on the 15th of november he gave he handed craig the withdrawal of caveat but there actually wasn’t a caveat on the title on the 15th of november it was in december so and craig used so craig used that

to remove the december cave it but there was no cave in november so i’m my handwriting here says dubious i’m dubious uh

oh here you go if mr a lie now that really should say question mark if mr paligaru is evidence concerning the signing of the withdrawal of cavity is accepted if it’s accepted the form was signed at a time when the plaintiff had no caviar now justice darke found i mean he accepted ralph’s evidence that it was the honor of that date he did hand craig the withdrawal the plaintiff lodged another one on the 4th of december so precisely why ralph gave this is dubious or curious or it is very puzzling but it is very puzzling but he gave on about the 15th of december the withdrawal of acadia for occasion that hadn’t actually been lodged until the fourth of december three weeks later very curious more correspondence it’s it’s franklin the easy gets mentioned any refinance is also to result in the discharge of the second mortgage over the peligaro home in favor of franklin using holdings anything that you do must be referred to us there’s ian jordan comes in now wonderful friend from australasian property group who are being sued by the liquidator bargo now who appointed the liberator that’d be me the liquidator bargo so when all of this turned to custard i appointed a liquidator and i swore that there was a debt of very close to six million dollars owed to me it once upon a time was owed to mr kumar but courtesy of ralph alegaro on not one but two occasions ralph assigned that collection to me and the six million dollars and that was in july of 2018 and he went ahead and amended that deed on the 13th of november 2018. so precisely again this is this is why i was absolutely certain that this would fail this this argument that it’s the torrens assurance fund’s fault that mr kumar lost all this money it’s his fault it’s the tourist assurance fund’s fault well no it was never even remotely possible that it was their fault because ralph assigned the collection to me and and here he’s on the debt i went to the supreme court of victoria and said hey my company is owed six million dollars by fargo developments and they’re they’ve failed to pay back in in accordance with the terms now we had a look up above let’s just go up above it says he here’s the payment schedule well so time was of the essence so i gave him 21 days and said at a certain point i wrote and said hey you owe us six million dollars by that point with you know or whatever the figure was it was over five and here’s a copy of the here’s a copy of the demand that was was put on fargo they never paid enough thomas of the essence and so they were deemed to be insolvent and so how was it ever possible that mr kumar lost money because of the fault that was caused by the fault of the torrens assurance fund no no the right they didn’t even have standing to go to court mr mr kumar had no standing his his entire loss was given to me into my company to pursue and then mr caligaro obviously thought better of it at some point later and decided oh well that doesn’t suit me to have mark smith collect the money even though he paid me nine percent of the funds which you can work out nine percent of two million dollars about 180 000 so it’s it’s just very puzzling so it’s a long long story and jordan gets a mention ebm now these are craig’s accountants his accounts were a firm at called dbw in um

in north sydney i’ve been to their office late one night the b in dbw was a man called bardela and max mardella and max maximilia maximilio bardella and he he loaned money to he was one of the six people that advanced money his company ebm as distinct from dbw dbw helped with all sorts of manner of wonderful documents in support and all up look there was there’s a long long list of of people that were doubted but i withdraw that there’s a long long list of people that get a mention so there’s as i said there were six caves there’s a there’s a very huge gap this is this i found extremely interesting paragraph 37 three further caveats were lodged on or about the 29th of january 2018. one of these was lodged on behalf of reliance leasing mr steinberg so that’s that’s that’s a steinbeck there and on about the 22nd of february 2018 mahony appears to have become aware of the refinancing so again this is this is something that i do find very very interesting on about the 22nd of february now this is the this is what was put to justice darke manny appears to become aware and he writes manny writes a letter to craig adams now i will say oh we should go and have a look at paragraph 16. this is really very very interesting paragraph 16 it is there is evidence that later in august 2017 mr money was acting for the plaintiff so that’s mr kumar in relation to the proposed development and was also acting for craig evans

so he’s acting for multiple parties and i have in previous episodes i said he’s mr mahony how he was able to manage these and juggle these conflicts or not so much the conflicts but the conflicting interests surely mr kumar has one interest hey i want to be paid and craig adams hey i like this getting free money stuff and i can just use this as my credit card i can keep three quarters of a million then another 400 for me and do whatever the hell he likes so it’s it’s a it’s a really really really stunning thing so 22nd of february mahony writes to adams i enclose a copy of a letter to rely of a letter to reliance from the solicitors for the new first mortgage the existence is of syria the existence so that was considered the existence of a new first mortgage is a serious concern to my client my client’s worried sick he’s in jail in in india doesn’t say that but as as my client has a beneficial interest in the whole of the dural land four million bucks but you just keep adding what he’s saying what he’s trying to say is you just keep adding and adding currently there are nine caveats on the property now

this is this is kind of stunning

on the 9th of march casinda’s lawyers bransgroves kate cooper and name is the senior partner there one such one such document was a withdrawal of kv form that had been signed by mr palgary so according to mr peligaro and the judge believes him okay so according to mr palgary mr palgary who handed craig adams we had a look a little bit a few minutes ago mr peligaro handed craig adams a withdrawal of caveat at a time in the middle of november at a time when there was no cavity on the on the land in in the name of kumar and in paragraph 41 here it’s saying well the mid november 2017 withdrawal of caveat was handed it was used by it was handed up by craig adams on the 25th of january 2018 to to your firm brands groves and and that that form states yes it’s the december this number here is the december cave it so as the withdrawal was signed on the 15th of november for a caveat that hadn’t been put on and ralph had only gone overseas for one week from about the 17th to the 24th of november so for whatever reason ralph never took that caveat withdrawal of kv back and justice darke is critical of that later on and he’s also critical and says well why didn’t you just leave the withdrawal of kavit you went you’re going to feed you why didn’t you just give it to john marty so one must wonder whether john mahony got the entire story i’m finding myself i’m finding myself going to bat for john manny here i’m just wondering so look it’s it’s it’s really quite remarkable he and jordan casinda casinda as on the 9th of march writes a letter cassinder writes a letter to apg to ian jordan and they say well hang on i don’t think you want to i don’t think you want to be behind mr kumar so this is the whole issue about lifting cavities when when caved is lifted we understand from the receiver mr kumar claims an unpaid vendor’s interest in the vicinity of 6 million bucks no doubt these these are the words of brans grabs no doubt your client would prefer not to be behind that claim for a piece of land that’s only worth five or five and a half and and there’s already there’s close to three million dollars already hopped you don’t want to be behind some of the zones six because there’s no equity look this is this is a stunning stunning document here you go this this is one of the curious findings i note in passing that mr paligara gave evidence to the effect that at no time between his leaving the withdrawal in the desk at bargo’s office and march did he receive any communications

about any refinancing he did not receive any communications from mr pelleck from mr adams at no time between march at no time between he’s leaving the withdrawal of kbit form in the desk and in the bargo office and march 18. did he receive any communications from craig arms about any refinancing of the documents that’s the evidence now i i’m going to say justice darke is smart enough to be able to read a transcript of the evidence and that’s what he’s saying he’s saying i wasn’t there okay i certainly was not there and i don’t know i didn’t listen to the evidence that mr paligaru gave but justice darke i know him passing that mr paligaru who gave evidence to the to the effect to the effect so he didn’t actually give direct evidence that at no time between between leaving the withdrawal of caveat and march 18 did he receive any communication so i’m just going to pause it here and we’re going to see we’re just going to have a look at some things all right so at no time at no time between leaving the withdrawal of caveat did he receive any communications from mr adam about the refinancing the dual property at no time up until march so i’ll just jump down to something else that i’ve seen offline curiously on the same day so on the same day another cave it was lodged by the plaintiff so what are we talking about here this was third of april mr mahony sent an email to mr craig adams and keep in mind this is all in the context that mr mahony is saying well it’s the torrens assurance fund’s fault that mr kumar lost money it’s their fault

third of april on the third of april so this refinancing happened on the 25th of january on the third of april justice darke notes on the same day on the same day the third of april another caveat was lodged on by mr kumar so that went on on the third of april and that was recorded that’s this is all public you can anyone can google this egg look up this purchase a copy of that by this caveat the plaintiff again claimed to be the unpaid vendor under this 26th of may sorry 2016 may contract curiously curiously the caveat was apparently signed by mr peligaro as the plaintiff’s attorney on the 30th of january so it’s this continual delay delay delay from the 30th of january to the 3rd of april it’s months here months there in action letting giving craig all this this road so i think you can see where this is sort of coming unstuck but let’s just go back to this other

noted passing that mr paligaru gave evidence to the to the effect that at no time so let’s let’s test this here’s an email now at no time did he receive any communications well that’s different to sending it but did he receive any communications about any refinancing

well here’s an email and we’ll see who sent me this and how did i get it 10th of january now that’s that’s between december and march 10th january john mary wrote craig kumar is not happy with the delay in warriewood settling have you issued a notice to complete do you need do you need my help if your lawyer can’t do it i’ll i’ll just act for you and i’ll keep acting for mr kumar but i can manage all this this is what he’s saying this is ridiculous delay that needs to be sorted mohan kumar reserves all right but hang on he can but if you need a lawyer no command reserves all rights but if you need a lawyer i’m your man do you need a lawyer john john ah 3 54 a.m something’s keeping craig away john please come to the city tomorrow and i’ll reassign property and loan to you

please tell me what time you’re available and i’ll have adam tilley meet us and workout guarantees so all you’ve got to do is guarantee it and i’ll resign so the evidence was at no time palgary gave her the effect of no time between he’s leaving the withdrawal in march did he receive any communications from craig about any refinancing so what’s this adam tilley who’s adam tilley adam tilley will meet you to work out financing guarantees on financing

later that day craig is not my [ __ ] as you put it mr kumar’s rights you know and you keep mortgaging his property ah nine k bits later before you paid for it you keep ralph has signed the transfer transferring [ __ ] so ralph actually had the right to transfer the shares in bargo and and transfer the ownership of the company to mr kumar

therefore he’s in your interest to work to solve the problem now the problem is for you is that not only will you have lost the development value you’re in default of the loans which are secured we’re giving you until 4 pm today the current payout tell us the current payout if you can’t get those figures kumar will will by next monday become the owner and serve lapsing notices

so i don’t know if this is well eleventh mate mate i tried to call you this is going to go pear shape so this is from ralph to justin hatfield who’s justin hatfield oh that’s he wouldn’t be talking about refinancing because just justice darke found at no time was there any evidence he gave it ralph gave evidence to the effect of no time did he receive any communications from mr adams well i suppose this one to to justin hatfield is probably not from but anyway i’m stuck in the middle an asset line who are they they’re money lenders justin hatfield as soon as craig settles warriewood has has to happen in the next 10 days one lender you know cross-collateralize this and that whatever 13.5 million

the current payout figure is 2.7 million dollars to winchester o’rourke that’s tilley uh

at no point at no time the evidence was at no time was there any discussion about refinancing after ralph has those figures kumar will be in a position to refinance general without putting you in default of your loans secured over your property over 88 perfection avenue cross-collateralization is in breach of the sales contracts so a few choice words here the point is he’s he was going to refinance with tilley adam tilley no news warriewood who knows it’s almost a ponzi scheme

and mr hadfield you have facilitated a lot of it

it’s easily resolved once warriewood settles what’s happening with at no point was there any discussion about refinancing ralph ralph wrote what’s happening with tilley refi refinancing it’s fully approved it’s fully approved so the evidence did he receive any communications about any refinancing of the general property

i i’m just not sure whether justice darke saw these communications but they’re there interesting not good enough john mahony’s still on the 11th not good enough client has been waiting months for the mythical warriewood settlement time is up kumar will now register the share transfer well even in april still hasn’t happened also what is the secret about telling us how much people take to free dural of the various blisters kumar will not accept any more delays well apparently he will justin hatfield lumley finance and loans now if this wasn’t about refinancing if this wasn’t about refinancing then you know so it goes on and on and on and on the solicitor is the vendor’s worst nightmare this all comes to craig not communicating and swearing another so there’s craig will lose his family asset liner ruthless mahoney acted for paid on exchange acted against paid on exchange and wants payments so but ralph is organizing the logistics of his daughter’s engagement so let’s see what else there is here’s another email this is to do with maybe not to do with refinancing but this is certainly from craig we’re trying to we’re trying to get as mentioned i have warriewood projects setting on the 29th yet so on the 30th according to justice darke ralph signs a new caveat which he doesn’t put on until the third of april and again all of this is the fault of the torres assurance fund let’s have a look at this one all of these are sent to me by ralph by the way so let’s ralph from ralph to mark that’s me from ralph to mark from ralph to mark 22nd tomorrow tomorrow so this property settled on the sorry the the use of the caveat occurred on the 25th of january and there was communications between

at no point did he receive any communications from mr adams about any refinancing of the general poverty well i’m going to say i’m sorry that on the 25th of january there’s another communication but tomorrow so tomorrow is the 23rd of january this is before before the cave it is used gents mr lalich this is another one the evidence was there’s no communication about refinancing from craig well mr lalich is one of craig’s lawyers

you know so they’re they’re meeting up on ralph is meeting with justin hatfield and justin hatfield this wouldn’t be anything to do with a refinancing would it lumley finance and loans accredited finance broker well i’m you know i am i’ve said i’m dubious about that evidence that ralph has has given to the effect that there was at no time did he receive any communications yet you know this is not a communication about refinancing from justin hatfield who’s a mortgage broker craig adams you know so this is here see you there see you there so as you can see there’s quite a lot to this particular judgment and we’re only up to page six of 27 and it really does go on but i’m just highlighting a few key bits i’ll just return now to this other thing and i’ve said that i am dubious about i’m not calling saying that people are outright lying but i am highly dubious about some of the aspects of what was put in front of justice darke and i’ll take you back to this one paragraph 19 mr mahony on the 6th of november now this is at a time when there was no yes there was no caveat on the land according to ralph’s evidence on the 15th of november ralph then went and put went and handed craig adams a withdrawal of the cave yet that wasn’t on and then in december one was put on so in the evidence this is mr manny wrote to craig adams on 6th of november when there was no caveat and he says and we’ve talked about this just before i have i this is what manny writes now this is important because he says it’s true and i’ll show you i’ll show you something else so this is on the 6th of november 2017. now i’m going to show you something in 2018 that causes me to be dubious i mr money i have now been in contact directly oh sorry i have now been contacted directly by the representatives in india of mr kumar so someone in india has contacted mr kumar as you’re aware kumar is the vendor there’s a vendor finance you’re in default and in december 17 he’s mahony is writing and why why are we saying this well money’s been paid he owes the duty of care to mr kumar and according to his his correspondence he’s in contact with him so he must if you believe what he’s writing he must accept that he did over duty of care and so as a matter of urgency as a matter of urgency well there’s no caveat so it the kv doesn’t actually go on for another month and is subsequently withdrawn using a withdrawal behavior that ralph did not give to mr manny he left it in a drawer according to ralph he left it in a drawer in bargo’s office as a matter of urgency as the basis of you know the encumbrances a copy of this certificate of title a copy of the five caveats we’ve we have we have been instructed so did someone in india according to i’ve been contacted directly by representatives in india we have now been we have been instructed to determine whether all can be removed through lapsing notice or through litigation so at this point well at this point

at this point the mortgagee is the first monkey is in the name properties and they’re on notice because of my letter there are notice of this interest so we’ve told them i told them absolutely do not lend any more money and subsequent to this more money was lent and but again the argument that money law is using is that this is all the fault of the torrents assurance fund it’s all their fault all of this you know as a matter of urgency we’ve been instructed to you know start laughing things can we lapse them can we can we have media litigation and there’s no response so there’s no response this is the 6th of november and academia does go on in december and is subsequently withdrawn using a withdrawal academia date of the 15th of november of their abouts so we asked to find out the current balance on the n m nine he says he’s been contacted by people in india directly that’s now directly in his email of november 2017. the ralph please provide me the contact details for the indians so he doesn’t even know who his client is he’s only dealing with this is a year later he’s either lost the phone number let’s be generous and say he’s lost the phone number please provide me contact details he doesn’t know he doesn’t know the name he doesn’t know the phone number according to this this is the way i’d read it please provide contact details not just the phone number person phone number emails you know what their relationship as you are unable to do anything to further this matter i need to speak with the indians to have you replaced whoa to have you replaced as their attorney

why did i donate why did it take until october 18 the land’s been sold by that point but yet a year before he’s saying in november the year before he’s saying i was a man of urgency we need to find out and start lapsing things

i’m saying look let’s let’s have a look now there is a i’m just going to throw it up on the screen here we’ve got signed by ralph peligaru in july and november 2018 twice ralph has assigned a claim that mr mahony sorry that mr kumar would have against mr manny for professional negligence now i don’t know if that’s i don’t know if that claim has legs or not but mr mahony is being employed and sending out bills for hundreds of thousands of dollars 90 to 100 000 or thereabouts two mr kumar so he must have owed he he must feel that he owes a duty of care it took him until october to 2018 after the property sold after the property has been had nine caveats go on it’s it’s really interesting but yet the argument is it’s all the fault forget all of this stuff it’s all the torrents assurances fund’s fault they’re to blame the state government has to has to cough up money i still don’t understand why you don’t want to save your house ralph i’m still here to help i’m still here to help well wow that’s fantastic now let’s go back to we’ll go back to this i have now been contacted directly by representatives in india well i’ve been in contact with them myself you know for several years let’s have a look at some of the stuff that’s being said

here’s what i wrote i’m not going to give you the person’s details did mr manny ever speak with any family members of mr kumar in november 2017. paragraph 19 says he did hi mark no he or ralph has never spoken to any family member only you were the first to approach us the first this poor bastard’s sitting over in jail in india now i’m this is not mr kumar this is a representative but this poor bastard is sitting in jail he’s had his four million dollars plundered and i am the first to contact them

first that’s pretty clear okay then i go on in in the court judgment manny gives evidence he has described he has had discussions with someone in india in india not just ralph someone in india

the reply who is that someone there has to be a name i believe him i do believe this man

by sayings just by just saying someone in court it doesn’t make any sense he has to give details and here’s specifically what i did send to the contact i have now been in contact directly i have now been contacted directly by the representatives in india in india

no name paragraph 16. he’s just making it up he’s just making it up

wow now things aren’t i’m just repeating this i’m personally speaking for myself i am dubious like i actually am dubious that this is true i have now been contacted directly but this is what a lawyer with 40 years experience his writing in 6th of november could he have saved that last 400 grand could he have i don’t know

at this point in november 17 none of this none of this claim has been assigned to me so he could have saved maybe four hundred thousand to he could have saved two million dollars maybe and he in his own words he’s saying well we’ve been we have been instructed now if this is correct if he has been contacted directly well he’s in the same email he’s saying we’ve been instructed to determine whether any of the caveats can be removed through lapsing notices or why didn’t he do that he’s been instructed hang on you’re a lawyer you’re instructed why don’t you do it

so again we’re only up to page six it’s it’s it’s a staggering staggering document and full credit to full credit to justice he does i think a very good job with the material he’s been presented now he’s been presented things saying well he’s had contacts with people in india justice darke clearly has absolutely no idea and absolutely no no criticism he doesn’t know he makes the observation we haven’t seen mr we haven’t seen mr kumar record he didn’t he didn’t come and give evidence well okay reason good reason for that he can’t he’s locked up apparently i don’t know so look let’s skip right to the end now and i will say this i will say this this is a very long well it’s not overly long but it’s a lot lengthy and it’s well considered it is well considered third of april manny sent a letter to mr adams mr adams unfortunately unfortunately however our clients our clients have come to no other conclusion than that you have fraudulently also delivered to the solicitor casino the withdrawal of cavity fraud it’s very big if you’re going to say fraud it’s the bar is very very high in all the circumstances in april of 2018 in all the circumstances man is writing in all circumstances we have been instructed again he’s got an instruction to report your actions to the new south wales police for fraud so what did he do with that instruction third of april he’s got the instructions to report you for for fraud and third of april same day they re-lodged the caveat but he’d been sitting on that caveat from since the 30th of january now would it have made any difference i don’t know i don’t know if he’d lodged the cave on the 30th of january it may or may not have made any difference but all i do know is they sat on it they sat on it mr mr mahony or mr paligari where the evidence is the finding the finding of justice darke is that curiously the caveat was apparently signed by the power of attorney mr kunma oh sorry mr palgar on the 30th of january when the plaintiff’s second the second favorite remained on the title so the withdrawal of cave it had been handed over but it still remained so casino actually had the withdrawal um

at the time beligari signed another one on the 30th he must have known that the withdrawal of it had been used yet on the third of april they’re writing letters saying oh we’ve just discovered it and there was a previous finding on the 22nd on the 22nd i said i’ll talk about this gap paragraph 3738 i talk about this gap three further cavetts were lodged on the 29th now this this whole this and one of these i was involved with in some way the reliance leasing one this was lodged on the 29th of january and that stopped putting it on stopped the cinder having theirs properly registered their mortgage i probably registered and the removal of n m and apg’s and there was this obviously this giant clog now ralph apparently signs the the next caveat on the 30th but at this point reliance got theirs on apg got this on slightly behind the one that i was involved in reliance and then lumley that’s that’s the finance broker they got theirs on as well and then on the 30th ralph must have known so he goes and signs another one but claims they don’t know until the 22nd of february 2018 mr mr money appears to have become aware of the refinancing transaction appears so that’s interesting very interesting and right the existence of the new mortgage is of serious concern to my client yet ralph has signed another caveat on the 30th and it’s of such a serious concern he didn’t did nothing with it from the 30th of january until the 3rd of april it’s it’s that it’s there are some questions here so

we then move on the total claim that was made by kumar against the torrens assurance fund is one point called 1.9 million dollars

paragraph 59 is submitted that there are good and now the registrar general says there’s good reasons to doubt the evidence of obviously allegory the registrar general says that there was good reason to doubt the evidence of mr palgary

now we look at the determination what did the court find paragraph 68 i have reservations so just justice star can only deal with the material that’s before him he he he doesn’t do his absolute credit i think he’s done a brilliant job okay but he may not have had all the material put in front of him either by rob calgary or by the torrens assurance fund they may simply not have known as paragraph 68 i have reservations about aspects you find some of it implausible

paragraph 69 despite my reservations i’ve ultimately come to the conclusion mr paligara’s evidence should be accepted so that’s pretty good but it doesn’t change the result the result is how many

paragraph 61 i further find mr adams in making use he was acting making useful withdrawal of cave it was acting contrary to the instructions

on the material that was put before justice darke and i don’t know if that included those emails well i do know that i’ll put it up again peligaro said that at no time was there a correspondence about the refinance but coming back to paragraph 7172 paragraph 71 i accept mr paligara’s evidence to the effect that neither he nor the plaintiff himself had any knowledge of the transaction that’s about the refinancing now again i do not know whether the emails the one tomorrow with lalich and hatfield and there’s a series of them that i put up i do not know whether they’ve been put up to justice darke and considered but on what was can what was put before him he says he accepts mr palgary’s evidence okay i’m prepared to conclude that mr pelic that mr adams acted dishonestly in this really in this respect

paragraph 72 for the above reason i’m prepared to find that mr adam acted this acted fraudulently and making use of the withdrawal of k-bits but okay so that’s to get money on the turns assurance fund there has to be dishonesty or fraud or a mistake by the current assurance fund the registrar general’s department and on top of that you have to prove that it led to loss now that was that’s the whole thing that i’ve always said well hang on i think you’ve postponed yourself ralph by handing this over and look i i’ll just show we’ll go through these other pages there’s lots and lots and lots here okay lots of analysis but the plaintiff submitted that the equity he could have mr kumar could have been four hundred thousand dollars better off and now on top of that there’s interest okay so we’re talking still a lot of money here a lot of money and it was as i said there was a two million dollar kitty apg received out of that fund 725 thousand dollars that’s three quarters of a million dollars and ralph and ian jordan the director of apg have a company together i don’t know precisely i was in the mediation in july 2019 but i didn’t go and shut the door and chat with ian jordan i didn’t and so apg work out with a lot of money now the liquidator is now chasing that and saying well that was a preference and we’ll see where that all goes as i said there’s a whole lot of analysis here and it’s it’s going to be impossible to just go through them all but i’ll put this up on our website let’s have a look at these last two pages in my opinion in my opinion the whole of the loss or damage should be regarded as the consequences of the acts or omissions of the plaintiff the conduct of mr pelago as the plaintiff’s agent in relation to the withdrawal of the caveat the very means by which mr adams was able to perpetrate his fraud that’s to blame so i think as i said earlier justice did find that there was fraudulent conduct but you’ve got to say that okay that that fraud led to the loss and there’s pages and pages of analysis the bottom line is justin darke did not find did not find that it really would have made any difference whether whether there was fraud or not the the post-painting conduct and the arming and all of that it was really the conduct of mr palgary was in in my view plainly negligent he failed to take reasonable care for the interest of the plaintiff that is particularly the case in circumstances from november 17 mr paligara was not only aware of fargo’s breaches so they failed to pay they had to pay 1.5 which they did on this 5.5 million dollar transaction and they had to pay 500 000 within four weeks and another one and a half million or two million or something after that and then another two and a half million so he was aware that they’d missed all of those it was incredible i said third of november 2017 we’ve got the email from mr mahony who says he’s been contacted directly by representatives in india as a matter of urgency and yet justice darke says in particular this is particularly the case in circumstances where from november 2017 mr paligara was not only aware of the breaches under the contract but also had concerns about mr adams’s dealing that he’s hocking the property and he knew he must have known that

he must have known that’s what justice darke thoughts to make the signed withdrawal of caveat form available to mr adams in those circumstances strikes me as contacted contract conduct that is very negligent if not reckless

mr adam utilized the means that were available to him to carry out the fraud applying a common sense approach the conduct of mr palgary should should be regarded as the cause of the claimed loss four million dollars just down the toilet of mr kumar’s money four million dollars down the toilet to my mind it is it is a cause of the loss as much as the conduct of mr adams himself it is a case where there are truly successive causes of the loss it is it is thus it can’t be concluded that the loss or damage was as a consequence of the axial or remission of the sorry that it was a consequence of the acts or omissions of the plaintiff and thus no entitlement it wasn’t the fault of the torrens assurance fund and just to rub it in just a tiny bit more paragraph 22 122 the plaintiff will be dismissed the statement claims dismissed the court will order the court will further order that the plaintiff pay the registrar general’s costs so there you have it a a terrible terrible tale we’ll come back and wrap up in a minute

well how is that for an incredible defeat justice darke as has really nailed that i think and well you would think that that’s the end of it but apparently ralph and john mahony are off thinking thinking about thinking about an appeal can you can you believe it thinking about an appeal on top of that there is another case which i’ve just put up the details about ralph is also personally suing the torrens assurance fund with his wife henrika and a very similar thing around the same time as all of this happened with mr kumar at a very similar time ralph borrowed money at six percent a month and five hundred forty thousand dollars six percent a month from a company called franklin yeezy and for better or worse for better or worse it also the well mr for whatever reason we talked about delays incredibly there was a a delay between about august 2017 and december 2017 very similar periods where ralph failed to put a caveat for neglected to put a caveat on land at warriewood owned by golden arrow international and other craigslist companies and subsequently he missed out on 540 thousand dollars and kept on paying six percent interest a month and in case you can’t work it out that’s like thirty something thousand in the first month and when you don’t pay it just balloons and balloons and like literally i did some sums at one stage it was like fifty four thousand dollars a month interest it was up to so but the trouble is i i think i haven’t seen the judgment and if even when i do get a copy of the judgment or if it’s being dismissed or whatever i’ll make sure if i get the documents we’ll post them and because they’re public documents and um

very similar facts you know i imagine i can’t see how he could possibly win where he he’s going to claim well it’s the torrens assurance fund’s fault that that craig in this instance i think they were just slack and i didn’t put either mahony or paligaru was slack i don’t know who so i’m not portioning blame there but what i do know is there’s a period of four months and there was no caveat on this warriewood land and in the meantime you saw how many caveats craig adams put on bargo he put justice many on maybe justice many he put enough there was lots of occasions put on warriewood as well and ralph missed out and it goes on to pay 30000 a month interest and that’s clearly not sustainable so you would think so where’s this all going time will tell time really will tell but you know to the best of my knowledge ralph’s insolvent we’ve got a we have mike i personally have a consent judgment against ralph $106551 we filed a creditor’s petition and ralph is trying to have it set aside one that he consented to so it’s going to be very interesting he’s managed to get that adjourn until april so in the meantime if there’s any uh

if there’s anyone out there that also has owed money and a lot of money you’re very welcome to come and join the party join the action join the creditors petition for your supporting creditor and it wouldn’t surprise me who you are so again if you’re owed money come and join the action if you’ve got any questions if you know any facts if you’ve got any thoughts we’d love to hear from you www.dcpartners.solutions/podcast or give us a call 1-300-327-123 if you do go to our website check out the link in the bottom right hand corner there’s into the message chat tool we’d love to hear from you and you know thank you very much thanks for tuning in bye

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 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 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

Many R’s Podcast – S1E3

Podcast Mark Smith

Many R’s Podcast – S01E03 for more information and indepth villain profiles – visit our webpage

https://www.dcpartners.solutions/products-services/blog/podcast/

To share this video: https://youtu.be/DxkTVAXIUNQ

In this series 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 Season 1 and subsequent seasons.

Season 1, Episode 3 will focus on:

0:00 Many R’s Podcast S1E3 (Opening)

0:27 Introduction / Review of 2020 / What’s included in S1E3

11:12 Why am I being careful with my language?

13:30 Westpac v Ollis ; Smith v Westpac & NSW Crime Commission, the State of NSW.

1:00:00 DCP Litigation v Saunders & Staniforth – discussions re the Australian Property Institute (API) Professional Sanctions re: Andrew Saunders.

1:11:00 DCP Litigation v Saunders & Staniforth – discussions re the professional indemnity insurance racketeers for Saunders & Staniforth and their lawyers, Colin Biggers & Paisley re: contempt of court, submissions given to Her Honour Strathdee J.

1:23:00 DCP Litigation v Ralph Paligaru – together with discussions regarding the lawyers acting for Ralph Paligaru being John Francis Mahony and Lawcover, his professional indemnity providers.

1:53:50 Ralph Paligaru and his relationship with Mohan Kumar aka Chhota Rajan aka Rajendra Sadashiv Nikalje

1:56:40 Looking after to 2021 – what to expect from the Many R’s Podcast.

2:01:50 What to expect in S1E4 – the episode from Orange … let’s visit from of the villains of Orange – Caernarvon Cherry Pty Ltd, Biteriot Operations Pty Ltd, Biteriot employees, Westpac Orange, Centrelink Orange, NSW Police, discussing the benefits of Direct Foreign Investment into the rural sector of Australia – purchasing our land and water to supply food and fibre to foreign nations (including China), Saunders & Staniforth, Raine & Horne Orange / Roger Eddy, Rural Water Supply easements and more.

To share this video: https://youtu.be/4jeaLUQUrIQ

In this series 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:

Real estate – including agents and developers. Miscellaneous other bad players in society Corporate Villains Travel rip-offs Government / malfeasance Iffy lawyers / shyster Insurance racketeer / Banks Receivers, Liquidators and Administrators

#5r #5rpodcast #marksmith #manyrspodcast #ManyRs

Transcript:

S1E3 podcast – transcript

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more. the many rs podcast, season one, episode three, my name is mark smith call us anytime 1300 327123 or alternatively go and visit us at our website dcpartners.solutions/podcast …use the instant message chats in the bottom right hand corner to message us in real time thanks

welcome to season 1, episode 3. firstly our apologies it’s been a bit of a delay between episode 2 and episode 3 but here we are and we’re at the end of a huge huge year and we’ve now, after 3 episodes, we’ve changed our name from the 5 r’s podcast to the many r’s podcast. we’re going to deal with all sorts of r’s – the rogues the rascals the reviewables the rip-offs the rorts, the receivers real estates um real estate real estate racketeers, racketeers in general and all sorts of agents, developers and anyone that’s iffy, shysters – you name it uh we’re into it so that’s the many r’s podcast can have uh can start with R or not, start with r, whatever you like we’ll just deal with anyone hey – we’re obviously going to touch on corporate villains our miscellaneous shysters travel rip-offs they’re becoming less and less so but let’s see what happens in the in the coming year government malfeasance now we have a massive massive story and i’m gonna predict it’s gonna take all of season 2 or call it 2021 it’s going to consume all of 2021 and this involves westpac bank and the state of new south wales, the new south wales crime commission and to a much much lesser extent virtually hardly at all but there is a little bit of an element of NSW police now NSW police and i’ve got to say they come out in my view with the flying colours but westpac and the NSW crime commission um you’re going to get it for all of uh for all of 2021 we’ve got so much stuff and a few of the lawyers some of the westpac lawyers, and some of the internal westpac lawyers, i i’ve been sitting here for more than 10 years assembling the story i’ve got well over five six thousand pages i’ve got 40 volumes of documents over my shoulder and we are absolutely going to unload on westpac bank and look heads will roll um heads ought to roll and uh so there’s that

uh insurance brackets um i think uh i think we’re going to see more insurance rackets and i look forward to spending the entire 2021 talking about um racketeering lawyers where um and look i’m gonna say sorry racketeering lawyers pardon me racketeering insurance companies and uh look i think these guys are under massive massive pressure uh they lost 5-0 a case on business interruption insurance in the new south wales court of appeal i saw a story just last night on the ABC 730 report. hey we’ve been talking about this for months and uh even episode 1 i told you this was going to be a massive massive thing and uh the mainstream media is now caught on ABC’s 730 reports uh talking about it uh there’s been this test case and so that’s a bit of a recap uh for this year now.

well that’s a little bit of a recap anyway about the many r’s podcast um in this particular episode, episode 3 we as i said we’re going to review the year and some of the uh highlights and lowlights um i will say uh i apologize again for the gap between episode 2 and episode 3 um personally it’s been 2020 has obviously been a hell of a year for a lot of people and uh i’m putting uh the finishing touches on my what’s called Juris Doctor – it’s a it’s a law degree that i’ve been doing and i started it in 2014 uh i finished the 23rd subject uh a couple of weeks ago and um i’ve got 1 subject to do and boy have i got some reading – i’ll just i’ll just show you but this is how much reading i’ve got to do in the in the coming months so i’ve got one subject so my apologies for the delay between episodes um let’s talk about what we’re going to talk about in episode 3 in particular and this is a case uh well we’re talking about the westpac case uh westpac and victor warren ollis now i’ll talk about it in more detail but it’s not really about victor warren ollis – this is about westpac bank and what thieving bastards that they they are and i’m going to give you a list of everyone that they hurt like there’s

it is stunning how many people that they’ve hurt they’ve certainly hurt me and um but i’m going to give you a list of all the people that they hurt i’m going i’ve got a truckload, not quite a truckload, but i’ve certainly got five or six thousand pages of documents i’ve got 40 volumes just over my shoulder and i’ve we’ve already started building the web page um on dcpartners.solutions/podcast and actually there you go dcpartners.solutions/westpac – it’s not up there live yet but it’s coming so dcpartners.solutions/westpac and uh this is uh this is really a story about westpac and how they used the new south wales crime commission and how the new south wales crime commission allowed themselves to be used and their powers and used and abused.

so um in this episode not quite as big as story as the westpac thing but saunders & staniforth – we’ve been writing about them on our website and in in our blogs at dcpartners.solutions and uh this is uh quite outrageous

this particular company’s uh caused losses for a much smaller group and but we’ll talk about that in quite a bit more detail

we’re going to have a quick recap on um what i think are huge stories but um our business interruption we’re going to talk about that in a little bit more detail in a very short segment

um i think our i want to reflect a little bit on australia’s relationship with china and we’re also going to talk about uh what that means for the future especially our trading relationship it’s um it’s been it’s a real issue and um i did touch on this in episode 1 we talked about foreign money launderers

now i wasn’t talking about any particular one country but um we’ll we’ll touch on that later in this episode

uh some of my favorite r’s – ralph there you go ralph ralph paligaru – ralph it starts with R um

ralph’s lawyer well i’ll come to him in a second

so uh we’ve got a segment on ralph uh mohan kumar now rajan there you go chhota rajan uh i hope i pronounced that correctly another uh chhota rajan who is not his real name um but we’ll put up his real name … Rajendra Sadashiv Nikalje …. uh he had a uh and lived here in australia uh just a few suburbs away actually and on the whole like remarkably this mr mohan kumar was extremely well behaved well whilst he was here in australia

now what he did overseas and uh by remote control, i never met the guy i don’t know him um i know it’s reported and so we’ll talk about that this is a gigantic story uh i’m probably going to get sued i’ve been receiving very threatening letters and i’m going to publish a lot of them these letters were written by ralph paligaru’s lawyer a man called john francis mahony ah

now Read

i’m going to publish a affidavit which has been Read

there’s an R for you um

this there is a cross claim sorry there was a cross claim and we had an um an affidavit my i swore absolutely true uh there’s another affidavit i think at the time this was in about about 12 months ago they were sworn about november 2019 and read in court uh very very much about 12 about 20 53 weeks ago maybe 54 weeks ago just a little bit over one year ago and uh we sought to um bring a claim against john francis mahony and lawcover and so uh mr mahony if you’re reading this sorry if you’re listening or reading whatever i don’t care um we’re going to publish everything that you’ve sent us um provided it’s on the record uh it’s for the record so we’ve got a lot to do there

um a hugely satisfying thing for me in 2020 was uh seeing mr hakan kutup go to jail uh i reported him and i’ll provide a copy of um the statement that i gave to police and uh within one or two weeks he was locked up um well and he got bail

so fair enough but uh he’s now uh yeah i think he did plead guilty i certainly found guilty and uh he’s locked up and not sure where he is so uh

we’re also going to touch on our AFSL … not our AFSL but uh the busifund capital trust uh which i happen to own an interest in and uh it is a corporate authorized representative for a company that does have an AFSL and so we’re creating financial products and we’re going to talk a little bit about that and what’s to come in next year

okay before i get into

okay before i get into the um the real meat of uh today’s podcast um

you’ll see me uh throughout today’s podcast uh maybe stopping and pausing and uh thinking or reflecting before i open my mouth on occasion uh we’re now called the many R’s podcast because um uh for a number of reasons including we’ve had a quite a few upset reactions from um uh some of the uh parties um the subject of this uh this podcast so … we’re now not just into rorts and ripoffs and rascals and rogues uh but anything you like beginning with R or not beginning with R or whatever you like so um it’s the uh it’s you call it the many R’s but whatever um

we’ve upset some people and uh and uh your host is uh obviously uh um treading on some toes here and uh there may well be um a few defamation suits coming? so uh the truth is an absolute defense um to uh to defamation

so for instance, one of the people today that we’re going to be talking about uh his friends his boss well his boss is someone that’s allegedly killed 20 people um or more um we don’t know uh but uh his boss is uh sitting a jail cell in delhi, chhota rajan (real name is Rajendra Sadashiv Nikalje) somewhere and so if we simply say well x is uh friends with y and y is a criminal and um well in this case x is actually x holds a power of attorney over y so um uh it is in fact the truth uh and uh you know if if there’s a public interest element and all the rest well that’s that’s the case so my apologies if i’m a little bit slow and if i stop to reflect at times because um we’re gonna

okay so now we’re talking about westpac this is a uh a painful episode uh personally uh it cost me an absolute fortune and i didn’t even bank with westpac so it was something that i found absolutely astonishing and to be honest um

westpac they just blatantly hid um various things and submissions were given to the court now i don’t blame the lawyers uh i blame the people that instructed the lawyers and um so there is just so much here but um look the gist of it is that uh mr ollis had a westpac bank account ahh he had a series of bank accounts and we’ll um we’ve got his bank statements uh i have um 40 volumes of stuff on these shelves so uh we’ll go through them well i’ve got probably thousands of pages of bank statements uh for all of mr ollis’ bank accounts with westpac and um ollis had one a couple of particular accounts and um he would write a cheque and money would just magically appear in his account and um

one of the documents that you’re going to see uh quotes mr ollis is saying uh he wouldn’t uh uh

was the effect of not looking a gift horse in the mouth so um anyway uh i’m sure it wasn’t free money but um it’s the the gist is that ollis had this account and he uh would write a check and westpac money it was a westpac account and westpac money would would appear

sometime very shortly thereafter has cleared funds and um that’s probably not so unusual except um westpac put on uh evidence at the bank that no per… no the exact words were that no individual in the bank knew well i took uh the commissioner of new south wales commissioner of police and they’re very good i’ve got to give praise to everything i’ve seen about new south wales police is uh

legit completely absolutely completely legit everything everything everything that i saw and i talked to uh for years i talked to um many many people and i’ve got nothing negatives to say about new south wales police so much so i took um the commissioner to to i made what’s called what’s commonly referred to as freedom of information but it’s actually called government information public access and i took the commissioner of police to uh to call it to um you know to get access to documents and ultimately i did get access to um something like 3 000 pages of of documents and it was right on christmas eve um so happy christmas thank you very much uh new south wales police so um so just a tiny little bit further explaining why this is all a problem and why it’s important that westpac’s

been fully frank with the court

it’s a cardinal cardinal rule of equity and the rules of equity and the courts of equity if you come to equity you have to have clean hands so

if you come to equity you need to have fessed up to anything now even if you’ve got dirty hands your hands can be made clean but only if you fess up westpac went to the new south wales supreme court this is not something westpac a banker has dreamed up this is something that some lawyer i’m certainly not accusing i’m certainly not accusing Philip Crawford i’m certainly not accusing James Stephenson they might westpac has floors of lawyers so some lawyer somewhere has dreamed up this

very complex

cause of action saying uh we’re actually the victim we’re the victim of uh mr ollis’ over drawings and because we’re the victim that we paid this money under a mistake so they’re saying uh this guy plundered them and no one individual in the bank knew so we’re going to pull that apart exactly is that true that’s what the case is about because if they don’t come to equity with claim if they come to equity with unclean hands then the orders that they got can maybe be uh set aside um you ha you must come to equity with clean hands and westpac um it was certainly their case that quote unquote precisely and i’ll put up the judgment his honor justice einstein einstein einstein one of the key facts that he found he was satisfied and he talks about he he goes back and reviews the evidence of a particular person now that

he satisfied that that person

had no knowledge and that may be completely true but westpac’s that of that particular witness that einstein was satisfied that that person

uh and his team

had no knowledge that ollis was writing out cheques but the submission that’s the the submission signed or authored by james stephenson and he doesn’t dream this up he must have been instructed and he must have been provided the evidence now whether he’s provided all the evidence and then this is what i’m saying i don’t blame james stephenson at all i’m saying james stephenson um senior council uh i’ve never met him but uh i know he’s not going to get up on his feet and or he’s not going to put pen to paper and then uh mark smith can come along ten years later and say fraud james stephenson i’m i’m saying his instructions were that no individual in the bank knew and i’m saying i’m not saying the name of the person the the the lawyer but a lawyer has dreamed this up that oh yes we’ve got unclean hands yeah we knew yeah absolutely we knew we knew in june uh or maybe july 2005 but i’m going from the top of my head here but they certainly knew in either june or july 2005 that there was a bug and at that point uh ollis wrote cheques totalling 11 million dollars but at that point i think from memory he’d only written cheques to the tune of about 50 000 and why it’s a problem is if you come to equity and you say your honour, this guy we paid out under a mistake this guy plundered us and we did not know now the the whole um thrust of this mistake thing is uh they were mistaken and in other words NOT grossly grossly negligent now that’s what i’m saying west bank was they were actually um grossly grossly negligent and um someone figured out that and i’m not accusing anyone and i’m certainly not accusing james stephenson of figuring out and saying well we need to concoct that’s it we need to concoct or just …  um i’m not accusing anyone of concocting especially not james stephenson uh of concocting this story but some lawyer somewhere on some floor probably in martin place at westpac’s offices there were at 60 martin place or someone close by

possibly someone at henry davis york there’s many smart people in there um someone has concocted this story um we are grossly negligent in other words westpac westpac was grossly negligent uh people like um garry wade trevor mcmahon and uh mark murphy must look if mark smith can find it the police never charged them police never ever ever ever charged with uh victor ollis with any crime no fraud no uh fraudulent misappropriation no misappropriation no larceny no no anything ollis was never and ollis committed no crime yet westpac

westpac’s cause of action was we

were the victim of a mistake uh under a mistake we paid out money and your honor no individual that’s that was what the uh submissions state no individual in the bank knew that this was occurring and i’m saying i’m saying james stephenson did not know he wasn’t told the full story and certainly justice einstein we was not told the full story if james stephenson i’ve never met him as i said but i know that he would not put those he would not commit those words to his submissions if he knew it to be untrue if he knew that there was a single individual in the bank

who was aware

of the drawings and i’m saying categorically i can give you the staff number there’s multiple people i’ve got the dates i’ve got the time down to the second where um i’ve got westpac’s internal logs and all of them every single thing is going up onto my website every key document and if it takes us all of season 1, 2, 3, 4 i don’t care it’s all going up uh unless we sell our manuscript in the meantime and then um it’s up to whoever buys the manuscript what they want to do with it but this is an absolute scandal the scandal is westpac gave false evidence westpac are liars westpac, westpac not ollis, westpac are the crooks!!!

i won’t go through uh i won’t go through every person that we’re going to talk about but like i’m just looking at my screen here this probably in westpac probably sorry westpac the new south wales crime commission and we will talk about westpac’s lawyers um now again i blame those people that were giving the instructions not so much the lawyers but um there are some police documents that i will uh i’ll just publish and you can figure out them out for yourself uh there’s one that particularly comes to mind that um

they’re minutes from a meeting uh from memory it was about august or september 2006 and um the police minutes uh record those that were in attendance now it’s a little frustrating but sometimes uh well

whilst i did get access to new south wales police documents and i’m very grateful and i’m very happy to share them um there are some redactions and you can’t see precisely everything but i think you’ll get the gist of of what was going on but in one particular place and this is while i’m not blaming lawyers uh one of the handwritten notes which wasn’t redacted says either lawyer or legal so i’m not specifically blaming well i’m not specifically calling out the lawyer

i can’t even name their names and i’m certainly not making an allegation against the lawyers who i who i will mention uh in you know in the next minute or two uh as people that will feature in this blog i’m not making an allegation against those particular lawyers but um

they work for the bank and someone uh the submission that no individual in the bank knew well i’m going to say that’s bullcrap and i’ll give you some staff numbers of those people that did know and look at the end of this process i’m actually going to be asking police and probably the attorney general of new south wales to go and see whether any uh witnesses

uh whether they were

whether there is any crimes committed in the in the witness box and whether um anyone’s guilty of perjury i’m going to say victor ollis didn’t perjure himself he didn’t even take the stance so um the only person that could have given that evidence that no individual in the bank knew was someone for or on behalf of westpac and um whether that person was telling the truth i’m going to say it wasn’t the truth now that person may have believed it was the truth but look someone needs to i’m talking about the attorney general of new south wales and that’s um i’m going to say i’m going to make a bold prediction someone’s going to look at this and look very closely at what was said in the witness box and if a crime’s been committed look i’ll be delighted if that person goes to jail so here are some of the names that are going to feature in documents and i’m not saying these people are guilty of anything i’m just saying that they’re going their details going to feature now adrian holmes he was my lawyer and a wonderful guy and helped me a great deal so andrew purchas these are just purely in alphabetical order so this is not any hit list or or whatever this is uh just purely alphabetical andrew purchas he wrote a letter um you’re going to see a copy of that letter anne hunter she was an accountant now she didn’t work for westpac but we’ll explain who she is chris dibb he’s a barrister um good bloke i met him uh claudine salemah now she worked for the dark side

uh a lawyer that act that appeared for westpac uh whether she knew whether she didn’t know don’t know col dyson now he’s retired policeman um total respect for col dyson uh he saw through the [ __ ] and um he ended the police investigation

col dyson you’re legit

daryl barlow he’s a lawyer that appeared for uh ollis um there’s some affidavits that i’m saying if he swore he believes it’s true um never met him though edward downer now i did meet this guy uh was a lawyer for one of uh one of westpac’s lawyers uh you might know the name downer alexander this guy is a dead ringer for alexander that’s his father so i’m not saying he did anything wrong just saying he did appear frank mazzone uh also from adelaide from memory um gail kelly all i’m saying about gail is i wrote to her and uh whether or not i published that letter i’m not sure but a bloke called gwyn morgan uh replied so i definitely wrote to gail kelly and

terribly frustrating gary pilgrim now probably one of the victims uh of westpac garry wade now this guy

no longer at westpac

now retired um former police officer uh he did contact new south wales police and new south wales police i know told garry wade don’t think there’s a crime um or we can’t there was a request that garry wade wrote and so i’m going to give you about garry wade was an author of a series of documents i’ve got this document like uh sliced they say you look at an arrow and the trajectory of an arrow well i’ve got this still framed for photographs of this particular arrow this letter is the arrow and you can see this um the trajectory of this letter over a period of about six days and even like within in one day you know over several hours i’ve got so many different copies of this particular letter and garry wade is one of the authors um gwyn morgan we talked on uh helen patrice nelson um she she swore evidence uh at a particular point uh she works for westpac uh she’s had two stints there um hussein karimjee a lawyer for an in-house lawyer for um mr victor ollis um pretty pretty nice guy actually hussein karimjee, ian temby now jhe’s a he’s a barrister uh might be senior counsel i think he is and um he’s had uh a fairly distinguished career um and i actually feel some sympathy for ian temby i probably met him and um

i’ve got to say i reckon by the end he must ian temby must have been wondering what precisely is the new south wales crime commission doing here um i don’t i’m not yeah he’s a smart guy and

we’ll see james stephenson again he uh barrister he appeared he was retained by henry davis york and he must be senior counsel i don’t know but we will have a look at

some closing submissions that james stephenson wrote and now james i’m not accusing you of anything

other than writing and handing out those submissions those submissions may well be precisely the instructions of his client and let’s say i believe they were the instructions of his client well those instructions oh sorry the submissions say no individual in the bank knew again i i’m gonna say i feel sorry for uh james stephenson because

what i will show you is that clearly a number of people in the bank had knowledge that cheques were being written large checks like mr ollis was writing our cheques for four hundred thousand dollars unlike they’re they’re being and they’re not bouncing they’re being honored and uh well jennifer thommeny now lovely lovely police officer retired uh she was an inspector and um

i’m gonna say her role was in the asset confiscation unit she’s a wonderful lady really really top lady

she’s been to my home like she is a good lady and honest

she received some of these letters yeah i she certainly had a phone conversation with garry wade and i’m not saying there was anything improper but from jennifer’s side but so we’ll see John Giorgiutti interesting spelling

was on holidays at many of the most relevant times John Giorgiutti was a very senior lawyer at the new south wales prime commission john henry williams uh he’s an expert um forensic accountant maybe forensic accountant certainly accountant i worked for ppb and um we’ll look at that um that guy not suggesting he’s he’s bullshitted not at all um jonathan lee spark now we’re gonna have a look at some affidavits that were sworn by jonathan lee spark he was a an officer at the new south wales crime commission and he’s going to come under our microscope julie hanna uh karen booth kate finnegan lou novakovic um if you google uh lou novakovic uh and police integrity commission uh lou worked for the new south wales crime commission and the police integrity commission you can read the transcripts lou um was in a um senior role at the new south wales crime commission and um well we’ll talk we’ll make sure that there’s a very good profile on lou novakovic and i upload the transcripts and you can read them and these are these are people inside government

you’d be you’d be absolutely nuts if you believe that every single person that worked for the new south wales government was legit

we’ll talk some more about lou uh mark murphy now this is uh this is a guy that has sat in my lounge room uh he came to deliver

a court order and um mark murphy former police officer now we are going to look at mark murphy under the microscope we’re going to look at the arrow the trajectory of it the words that were changed and uh we’re going to pull them we’re going to pull those letters apart and mark murphy mark murphy now works for AMP uh but he has um

he has had some uh roles a former police officer um so i’m going to say he ought to know

as a former police officer and he ought to know quite a lot about investigations well he was the he was certainly a very senior manager in group investigations at westpac and so we’re going to spend a lot of time talking about mark uh and some of the other people uh in his team will look at as well so maryann aspland i don’t know if i’ve pronounced that marianne works in the corrections department or did at westpac at concord west in new south wales and uh i think where marianne may be one of the people that knew certainly she did know uh come january 2006 she had a conversation with garry wade and uh she knew now how much before that and what her staff number is well i don’t know so we’ll get into that michael sullivan a lawyer at westpac milan sankovic a lovely guy sat in my lounge room and accompanied mark murphy probably um

not the author uh well certainly not on paper anyway that that i know of neil sevieri another guy in westpac group investigations nick Kabilafkas um i’ll put up some transcripts of what nick Kabilafkas what his submissions to courts were and uh we’ll see uh noel mccoy another lawyer at henry davis york uh peter flynn dr peter flynn from chatswood victim a victim of westpac bank rob whitfield now there’s several affidavits and i’m just going to say

don’t really want to be sued but rob whitfield uh went and worked in a incr… he was someone that was in line apparently to take over from maybe it was david morgan uh who was the ceo at the time and before gail kelly and then after gail kelly i think he was in the running as well uh i i don’t know who who came after her but um one of the top one two three four however top handful of executives at westpac bank extremely high powered he left the bank and went and worked for uh mike baird you might know that name mike baird was the premier of new south wales at the time not suggesting that mike’s done anything wrong at all i’m just saying rob whitfield probably has friends in incredibly high places and uh that’s nice but

rob whitfield is quoted in affidavits that of saying various things so let’s we’ll have a look at that bob reynolds um pretty sure i met bob uh around a huge table in the new south wales crime commission at uh sort of informal mediation um he appears as a witness in the westpac uh proceedings the civil ones and um he had an incredibly senior role um managing the ollis bank accounts rob colwell i kind of get a couple of these names confused i think we’ll we’ll put up his profile uh robert james withtheridge now pretty sure uh i get these two confused robert colwell and robert james witheridge one or both of those people worked at concord west in uh corrections and when i say corrections uh i don’t mean jail i’m talking about journal entries uh mistakes like cashing a cheques for 400 000 kind of mistakes um not calling them incompetent uh the but calling them witnesses and they those last two i pretty sure gave evidence and we’ll put up their affidavits this is just so many that i’m sorry i forget some of these now one that i don’t think well sorry not that i don’t forget i i confused some of their roles but i tell you what ron sczanner i don’t forget him i had a phone call and kept notes one of my habits you know if you look at my bookshelf on either side i love books i love paper i love documents and i remember [ __ ] ron sczanner

over there for

probably more than 20 years i kept journals and ron sczanner

figures in a journal and ron sczanner was very candid uh with me and i had a conversation with him i believe it was on about the 6th of february 2006 and he candidly told me that he worked for the new south wales crime commission i had cordial dealings with him he said that um westpac would be getting their money back which is kind of a strange thing for a government official to say uh when that government official and that government agency the new south wales crime commission their job is to confiscate money and not give it back to the criminals it’s the law says that we’re going to give the money to the treasurer of new south wales and at the time um uh well at one stage the treasure of new south wales was certainly mike baird now in 2006 when this was all happening it wasn’t mike bit definitely was not uh

ron sczanner and new south wales crime commission had powers and used them in a way with an intention NOT to give the money to the victims of crime like the treasurer so uh sarah rodgers uh she was a clerk at westpac at gosford no longer works there i’ve talked to her certainly rung her um i’ve emailed her i can probably even uh provide copies of the emails no longer works for westpac … a witness she certainly appears in some of those police minutes and

she had dealings with mr ollis and she opened accounts and again we can pull apart some of these documents um trevor holmes sorry sorry stephen holmes uh that name is vague to me so i’m

but apparently we’re writing about him so we’ve we’ve got a profile on him trevor mcmahon now this guy i do know trevor it was um if not the boss of mark murphy and garry wade uh and probably neil sevieri um in some way senior to them um uh very cunning senior investigator uh well

he certainly features in some of the affidavits um …. so if you get the impression we’ve got rather a lot of people to go through uh you’d you’d be spot on so

i’m just out um listing some of the characters that uh that we’re going to be reviewing over the balance of uh season 1 2 3 however long it takes i don’t care um there will be a uh a book published and uh my manuscript my manuscript is actually for sale so anyone that’s interested in in buying that manuscript uh give us a call 1300 two three and um you can buy the manuscript if you like but um uh at least all of those people are going to be mentioned there at some point obviously uh victor ollis um and his mrs a lady called gail shields um some of the uh gail’s children uh surname LYE l-y-e so some of the lies um funny name uh ironic uh are probably going to get a mention um a chris lye i mean i don’t think terrible things about any of these people but uh chris lye uh was followed uh he gave evidence that he was followed by mark murphy and chris lye he was being followed and stopped and said hang on you’re following me what’s your name and the guy said mark murphy and handed over his business card and mark murphy later turns up

on police raids now

um i’m not being critical of police but maybe i am slightly or maybe

maybe that’s unusual maybe it’s not but i would have thought police raids were for police and gathering evidence was a fairly important thing that ought to be done

by police

and normally if i go to police and want to allege you know where the victim um the victim’s role is not necessarily i wouldn’t have thought if the victim’s role is to

assemble the evidence i kind of think that’s for police to do

mark murphy attended some of the raids according to chris lye he gave evidence that the person that followed him subsequently turned up with a search warrant uh with police who had a search warrant and

i don’t know i’ll tell you what about mark murphy he’s not going to be able to say he didn’t know and so mark murphy knew quite a lot i mean he was there according to chris lye he was there when uh houses were raided certainly came and sat in my lounge room maybe it was dining room i can’t remember which one i met him

so there are a series of pages at our website www.dcpartners.solutions/westpac

and we’ve there is so many facts like all four thousand pages they are not up and maybe that’s an incentive for uh someone that’s interested in this particular book and manuscript well get in now because uh like there’ll be lots and lots of scoops still to come there’s only four five six i don’t know how many thousand pages thousands thousands of pages and that probably doesn’t include all the emails and you name it so but we’ve got a complex story to tell and so we’ve broken this up into who what where how why when and those sorts of things so uh those are those types of topics and you’ll be able to you know go to our site and we’ll just type in westpac who where’s back when let’s pack y let’s back how and um there you go so probably i’m forgetting someone please don’t feel forgotten uh i’m sure if your name appears in any of those thousands of pages there’s 40 volumes you’ll get a mention at some point so

i hope that gives you a sense of just how huge this particular case is i um by my reckoning uh i certainly gave evidence in the supreme court of new south wales that um one of my companies probably lost because of westpac because well westpac certainly gained millions let’s put it that way so uh i believe that may well be a crime even if

one of the crimes is to gain a financial advantage

like i said a few minutes ago you’d have to be nuts to believe that there are no criminals working in the new south wales state government well the royal commission has shown us that you would be nuts to believe that there are not dodgy people working at westpac and i’m not saying any of those people that i’ve just listed are dodgy i think we’ve forgotten someone philip crawford he was he is right now at the chairman of the new south wales independent liquor gaming commission whatever something like that uh philip crawford and his commission is deciding whether james packer and crown sydney ever get to do to take a bet.   well philip crawford

all i’m accusing philip crawford of is being the lawyer for westpac

and now’s the time i’ve got to be very careful with my words i’m accusing him of being the westpac lawyer

i’m accusing him of being a senior partner he might have been managing partner even at certainly one stage i think he was at henry davis york

whether whether his name is the redacted name that attended police meetings he probably didn’t

some lawyers did according to the police minutes a lawyer or westpac legal whatever something like that some lawyers either in westpac or in henry davis york or someone else somewhere else uh did attend now their names are redacted

philip crawford let’s say he’s the partner i know for sure he was a partner of westpac but sorry he was a partner at henry davis york he may have been managing partner

uh i guess

i guess that carries responsibilities

who precisely instructed james stephenson i don’t know all i know is that james stephenson received instructions i certainly don’t believe

james stephenson made up his instructions

whether whether philip crawford played any role in instructing james stephenson i don’t know but i can guarantee you one thing

uh i’ll be asking the office of legal services commissioner to investigate the firm

probably every lawyer that had any role and i’m not accusing them of being crooks i’m probably not accusing any of them have been crooks but somehow instructions found their way into court and those instructions were that no individual in the bank knew

that westpac was cashing mr ollis’ cheques for four hundred thousand dollars at a time

and apparently no one knew like just this money’s just magically appearing well i’m saying that is horseshit i’ll give you the staff numbers i got the police records some people didn’t know

i’m not saying philip crawford‘s one of them but i’m saying some people knew yeah those some people may have all lied to philip crawford

we’ll

see of issues here

that is westpac and ollis

we’re going to be talking about this nonstop thank you.  

all right this second story is about saunders and staniforth and a firm of valuers and town planners at orange and particularly it’s a it’s a reasonably short block uh it’s about this uh valuer and town planning firm uh in orange uh the director is a guy called andrew saunders who i met in person in maybe 2007 or 2008 in that vicinity i can’t tell you off the top of my head but i certainly met him in in one of those years and i also met a bloke called bob patfield and um well there’ll be a lot more detail about uh saunders and staniforth in the next little while um what i can say is uh insurance rip-offs by the way uh racketeers insurance racketeers uh andrew saunders uh is a member of something called the australian property institute and uh when you are a member of the australian property institute sort of members of the public can uh write to uh the property institute and uh nothing but praise for the complaints uh panel uh and the chair of this particular panel was a guy called chris shaw i’ve never met him never even talked to him. i’ve googled him and you can have a look at his profile and there’s a link on our page there as well to chris shaw i’m sure he’s extremely honest he’s a lawyer uh i’m sure he’s a very good lawyer and he ran the uh panel and a complaint was made about andrew saunders that uh had a number of complaints a couple a number of heads of complaint if you like and uh andrew saunders was ultimately um there was

two phases to the um complaint handling process and that was sort of addressing the complaint and looking at the substance of it well it was certainly found by chris shaw who’s who’s far from an idiot it was found that there was a prima facie case

on more than three aspects of the complaint ultimately there was the complaint if you like was upheld and um so in other words found to be valid uh and some of the one of the breaches of the australian property institute’s codes was very much a fundamental rule and that was rule 1.1 now i’ll include uh links to help a particular blog but you can go to this podcast page at dcpartners.solutions/podcast and um andrew saunders breached like the first commandment uh rule 1.1 so i’m saying this is a big one the first commandment in certainly rule 1.1 he includes words like uh dishonest uh like thou shalt not be dishonest uh thou shalt not be biased uh you know you must do your work with integrity honesty blah blah blah well

you can read the

sanction report there’s a link it’s up on our website now

dcpartners.solutions/podcast you can go straight to the sanction report um there’s a google search box within if you just google dc partners sanctions saunders uh i’m sure it’ll come up very prominently and you can read

you can read what the very intelligent chris shaw uh determined uh i’m sure he had a panel of people that helped him come to this view that andrew saunders breached rule 1.1 now that wasn’t the only one he breached uh there was prima facie cases for several of them it was certainly three three of the um codes that valuers sign up to uh andrew breached

subsequent to that andrew did not appeal

so

you may view that as andrew accepting

i i don’t know if he pleaded not guilty uh i’d

not a million percent sure of those but certainly it was found to have breached um there’s going to be a lot more content on this particular person and company saunders and stanford andrew saunders now insurances when you’re a valuer and when you’re um when you’re valuing properties you know um worth hundreds of thousands or millions of dollars it’s kind of important that you be honest and um if you go out to a property and you think it’s worth

well mistakes and mistakes can be made and so these insurance sorry these valuers carry insurance for what’s called professional indemnity in the event that they made a huge blunder then

a um a valuer carries these insurances so quite normal um so andrew has notified we know by reading the sanction report andrew saunders has notified his insurance so he has insurance he notified them his insurance company is represented by a firm called colin biggers and paisley lawyers and um the partner that um my company’s suing andrew saunders or in fact really he they’re suing his professional indemnity provider um so in other words an insurance racketeer and the insurance racketeer is using colin biggers and paisley lawyers and when i say insurance racketeers well we know that uh andrew andrew saunders has been sanctioned andrew saunders has not

appealed

andrew saunders

andrew saunders’s firm

we say andrew saunders’s firm um bob patfield well andrew saunders

says that his business merged with the business of bob patfield in 2005 bob patfield in 2006 2007 2008 and 2009 conducted valuations uh there were several properties so a number of them were of um some of the relevant bits uh andrew saunders saunders and stanford definitely did a valuation in 2010 so even if bob patfield didn’t merge as saunders website said they did in April 2005 – but let’s say they were lying uh well we know for sure that um saunders the standard for it’s uncontested they did value the property that one of the properties that the problematic property in 2010. about april 2010 and um on andrew saunders’s own evidence

the property went down in value between 2010 and 2014 yeah and it went down in value quite a lot um according to andrew saunders so you could say that that’s an admission of loss you know there’s evidence there that um the valuer you know if they’re not being dishonest and not being biased and all the rest then um that’s rule 1.1 uh then andrew saunders admits

the property is worth less in 2014 than what they said in 2010 and really if bob patfield is part of uh saunders and staniforth and andrew saunders has sworn that he’s not although andrew saunders also put up on their website said that they their company saunders and stanford did merge with bob patfield in April 2005 well so there’s all sorts of um suggestions that there was a loss andrew saunders has notified his insurer we know that because he said so in the sanctions report and colin biggers and paisley lawyers have turned up now we’re trying to subpoena some of this information from uh the lawyers for saunders and staniforth which is colin biggers and paisley lawyers or shall we say the insurance racketeers lawyer is colin biggers and paisley lawyers the partner that’s handling it is a man called jonathan newby and the special counsel is a lady called jane o’neill and some of the other solicitors there are jack golding and

nathanael his name will come to me poor nathanael i mean he he looked like a deer in the headlights a 4th of december he was really thrown under the bus

first of december 9 28 i think the time was we are electronically served documents upon colin biggers and paisley lawyers we know that they got them because our emails are tracked and we know that they opened the email at 9 41 on the 1st of december and look i’m saying someone at colin biggers and paisley lawyers is either doesn’t know how to open emails

or a person misled the judge because on the 4th of december a barrister by the name of Brett Le Plastrier i’ll spell that as what he’s um there uh got to his feet and said at one point uh words the effect um we were never served uh we haven’t seen that particular evidence that value i’m sorry that uh affidavit and um not accusing Brett Le Plastrier of lying

however

Brett Le Plastrier

did admit on his feet he’s a barrister like got a very good cv this guy so i’m gonna say he knows what he’s doing not an idiot well Brett Le Plastrier

had in his possession

there was an an exhibit to the affidavit and parts of the the exhibit sitting there in the court and we get up and tell her honor um your honor they haven’t received our document well how come i can see it

from here we can see there we can see the exhibit poor brett had to then get to his feet and say oh well your honor we received the 370 page attachment but not the um not the affidavit so

this is uh sort of head scratching stuff um colin biggers and paisley lawyers

if you’re a client of colin biggers and paisley lawyers you need to be uh incredibly concerned that they don’t know how to open an email

if you believe Brett Le Plastrier now you’d like to think a barrister is telling the truth when he gets to his feet and when he’s addressing a judge in the district court of new south wales you’d like to think that he’s not …

the standard is expected that he’s telling the truth well we know we know i’m going to publish this

and we’ve ordered the transcript we know that the evidence the submission that mr Brett Le Plastrier gave was this is the first time to the effect this is the first time i’m seeing this this affidavit that mr smith’s talking about this is the first time i’m seeing it now

i would like to believe mr Brett Le Plastrier but colin biggers and paisley lawyers

the emails tracked and between

between the 1st of december and the 4th that’s 3 days

that that email is open in excess of 50 times right from memory i think the number is 54.

54 times and they did not see …  the subject line talks about service the first line says you know maybe it’s the second line we provide by electronic service the motion and affidavit in support now Brett Le Plastrier he has a

impressive he has an impressive cv so he’s not an idiot

he informs her honor that this is the first he’s see if (the affidavit)

so are we to believe that colin biggers and paisley lawyers

send lawyers to the court sorry barristers on behalf of colin biggers and paisley lawyers

but they don’t brief them well they don’t tell them oh this might come up because it’s a motion it’s been filed and it’s been served it might come up this is quite unbelievable so on one hand you’ve got up and then there’s the issue of contempt so on one hand you’ve got andrew saunders there is a sanction report you can go to our website right now and you can read it it goes for about 10 pages it talks in plain language and says this happened and we find you guilty

we subpoena give us a copy of the merger between andrew saunders and bob patfield we subpoena these documents so that’s a that’s an order of the district court of new south wales the district court of new south wales hereby orders saunders and staniforth and over these documents that’s the 9th of july.  the 4th of december haven’t …. they’ve just completely ignored it

colin biggers and paisley lawyers that pay well completely ignored so and the notion that they’ve been served electronically and we know that they’ve received it because like Brett Le Plastrier is carrying the documents the that were attached 377 pages of them he’s carrying those but he gets to his feet and says well your honor this is the first time seeing it (the affidavit)

this is strange that’s what i’m i’m accusing Brett Le Plastrier jonathan newby , jane o’neill, colin biggers and paisley lawyers jack golding nathanael fisher

i can’t think of you know very forgettable guy nice young guy uh didn’t want to talk after court just wanted to get the hell out of there poor guy poor nathanael i’m accusing them

of struggling with the basics of email there you go either that or

the lawyers have instructed the barrister to lie now i don’t think he’s disreputable so maybe they just neglected colin biggers and paisley lawyers maybe they just neglected to … jane o’neill was on holidays so it could be that um

the work experience girl was handed the file and the work experience girl is uh has never opened an email in her life and um somehow did see that there was a 377 page attachment there but somehow didn’t see that there was a notice of motion with an affidavit and support so

the work experience girl is handling things apparently at uh colin biggers and paisley lawyers maybe they’ve employed magoo as uh as their newest the partner at colin biggers and paisley lawyers and poor mr magoo yeah can’t see he can see the 377 page document but couldn’t see the the the originating process

so and on top of that well they’re in contempt 9th of um 9th of july maybe the 10th ninth is if the subpoena has been granted issued uh and on the 10th they’ve been served uh we know that they got it because they wrote to us you know about the 20th maybe 21st 22nd and said oh you better withdraw this because you know nasty nasty threats well we didn’t withdraw it

and they still haven’t applied to set it aside so they’re certainly liable to be found in contempt so saunders and staniforth are found well not found but they’re liable to be found in in contempt andrew saunders breaches rule 1.1 he breaches rules 6.3 b and 6.3 or 4d or something like that so if you’re thinking of engaging a valuer or a town planner uh it’s all there for you to have a read of uh if you know anything about andrew saunders if you know anything about bob patfield the merger maybe you used to work there maybe you’re a client uh maybe you’ve had some experiences with colin biggers and paisley lawyers maybe you’ve come across some racketeer lawyer um maybe you’re the work experienced girl maybe your name is magoo and you work at colin biggers and paisley lawyers if you want to clear the air um on our website dcpartners.solutions/podcast bottom right hand corner we’ve got a chat tool there and we’d love to talk to you

okay we’re now going to turn to one of our favorite r’s ralph. ralph paligaru ralph ignatius paligaru uh formerly of uh 88 perfection avenue stanhope gardens um i can give you he the name where he currently lives is on the bankruptcy notice so if you want to get in touch with ralph he’s a wonderful guy i’ve even published his phone number his email address you can contact him or you like and add him as a friend become a friend ralph’s going to need a few friends so um ralph well i met ralph in march of 2017 and um he’d taken out he’d taken out some loans um these are on the record because these are subject to things that were uh published and read in the new south wales supreme court in on december of 2019 um we put on an affidavit i did anyway uh and um the evidence there i’ll make sure i put up the my exhibit um which contains copy of the uh uh the uh loan documents uh uh i think the loan statement is there as well so ralph took out a loan now this was not an oppressive loan ralph asked for it um he took out a loan for 114 000 in about august 2016 on a one-year term one year um so this is just after the sale of uh 632 old northern road dural (which settled in May 2016) and uh ralph took out a loan from a company called reliance leasing now that loan hasn’t been paid back and it got assigned to my company dcp litigation holdings so any dollar that was owed under that loan to reliance leasing is now owed to dcp litigation holdings and the uh assignment happened in about september 2019

uh ralph took out a one-year loan (from August 2016) interest free 114 000 so you can’t say that that’s unfair that that is uh incredibly fair he asked for it he wanted it uh he got it so an interest-free loan for 114 000 uh is not an unfair loan now uh in august 2017 so that’s one year after he took it out it’s due to be repaid and he then goes and borrows not from us we won’t give him any more money but he goes and borrows from franklin yeezy pty limited uh 540 000 uh and the terms are that in default uh i think the uh not in default the terms are about 3% per month so a lot of money uh about from the top of my head $15,000 a uh a month something like that maybe 16k um

but if he’s in default and from memory it was a three-month loan so um

three months and one day if you haven’t paid it back well you need to roll it over or come to some arrangement

and if you don’t then the default terms are 6%  per month so in the first month it becomes um about $32,000 in the first month interest now if you haven’t paid that like that’s a year’s wages for someone and look i’ve got a copy of ralph’s uh tax returns he gave them to me uh he’s waived all privilege and um they may well have been uh filed in court as well uh ralph’s tax returns well ralph doesn’t okay ralph declared an income not not a whole lot more than 32 000 per month so um you could say that this is a very high risk borrowing now our stuff was 0% interest um not 3 percent and certainly not 6 percent per month um so we had an extremely uh good arrangement in his favor and he was required to pay our loan back in them in one year and and didn’t um and um our case and i’ll put up a copy of our case our case was that um

when he went to refinances these monies ralph requested uh a withdrawal of our caveat which reliance provided and then withdrew and we’ve got it in writing um that uh the authority that the the withdrawal of caveat was to be held in escrow um wasn’t to be handed over and it was handed over and the lawyer acting for ralph paligaru was john francis mahony uh is holding this the case is that uh john francis mahony was holding this uh withdrawal of caveat in escrow and uh as he’s our fiduciary he’s um i actually do some work for reliance leasing so uh the case is and the um

we sought uh the leave of the supreme court of new south wales to uh claim against john francis mahony that and lawcover uh that uh john francis mahony was our fiduciary and he owed duties to reliance leasing and this is about the 8th of august 2017 on the 8th of august 2017 he gets messages in writing and we’ve got copies of those uh and this attempts to phone and um the instructions are he must and in representations not necessarily from mahony but from ralph we were provided that there must be additional security because there’s only so much equity left in ralph’s house and the messages to mahony was that and or possibly to ralph uh but the the messages were well we’re up to 90% gearing so we’re it may have even been 92% gearing so in other words virtually no no equity and we’ve done ralph a favor we’ve given him an interest-free loan uh so we said okay give us some extra security give us a charge over ralph’s interest in 632 old northern road now

i i have to be slightly careful here um around that time around i met ralph in march of 2017 and i believe in june of 2017 i became aware uh because ralph disclosed to me that he had a confidential heads of agreement which gave him

he entered into it before he entered in the confidential heads of agreement he entered into that (in April 2016) before he entered into the contract to sell the land (may 2016) so we entered into this confidential heads of agreement that says what it says and it says that uh in effect ralph will end up with a 20 interest in a ralph personally it names ralph personally as the beneficiary um uh in a private hospital so ralph will end up with a 20 interest in a private hospital for nothing

yeah, who wouldn’t want one of those? um so ralph had appointed an estate agent to sell the property

it came out that

came out that ralph had sent that state agent a bill for a referral fee uh for $60,000 

um so these are all these little benefits that ralph is getting um well thinking he’s getting or ralph is seeking to obtain ralph at the same time is employed by this man called mohan kumar and mohan kumar is paying ralph a monthly retainer um i’ve got documents from mahony where mahony describes ralph as mohan kumar’s australian manager

for that effect um so think of it like this i employ ralph do i expect some fidelity from ralph? uh do i want him to be looking after my interest because i’m paying him a wage or you know retainer every month?

anyone that i employ in my company look i expect them to have my interests at heart if you run a corner shop and you employ freddie as a as a assistant well you don’t want freddy to be pinching if that’s the term um you know pinching the cookies well mohan kumar is at a huge disadvantage at this point he’s sitting in a jail in india so you could say he was disabled and ralph is out there

ralph was his power of attorney and ralph was instructed to sell the property so ralph did that part now when you sell it when you appoint an agent well there’s usually going to be a commission um and you know mohan kumar i’m sure probably wanted to pay the cheapest commission um did he (Mohan Kumar) intend for ralph to get another year’s salary paid out of um paid by the state agent as a sort of finders fee? um or did mohan kumar um

or did mohan kumar who’s paying ralph’s wages or paying him a retainer did mohan kumar expect ralph to do things looking after mohan kumar i probably think most employers would expect their employee to do the right thing and look after the employer’s interest first so anyway um after the property sold well the the we’re going to put up the the precise i’ve already done it i put up the chronology of how 632 old northern road was sold an estate agent brooke’s partners was was appointed um

at some point craig adams comes along uh says he’s you know looking for some maybe an option at some stage and you know vendor finance this property is worth five and a half million dollars um the title deeds are handed over to um craig adams for one and a half million a $5.5m dollar property is transferred to craig adams for $1.5m plus a uh $4m loan um and so uh we’re saying uh as reliance well we want a share of we want our security there’s no no equity left at um um 88 perfection avenue stanhope gardens we want our security sec we just want to charge

the loan to the loan to ralph for 114 000 says that we get a charge over ralph’s property

at that time ralph and at the time august 2016 he had already entered into

he’d already entered into the heads of agreement the confidential heads of agreement (dated april 2016) with craig adams saying he’ll get a 20 interest in this private hospital so um it’s charged

after august 2016 after uh our caveat held in escrow by john francis mahony um gets handed over and we don’t we don’t get a charge on dural john mahony writes to me and says no ralph’s got no interest in

ralph has NO interest in 632 old northern road

no interest and john mahony even wrote to me and said if ralph said he owns the sydney harbour bridge or maybe it was the sydney opera house i can’t remember it was one of those if ralph said he owns the sydney opera house does that mean he’s got an interest

now clearly ralph has no interest in the sydney opera house did he have an interest in um

632 old northern road? ralph later put a caveat on 632 old northern road saying yes he did have an interest, yet mahony and i wonder whether mahony swore that

what i can tell you is ralph probably and amreeta but definitely ralph uh put a caveat on 632 old northern road saying he absolutely did have an interest in old but mahony has handed over our caveat

on 88 perfection avenue hour being reliances which assigned to me and as then in september maybe october november uh said that um

said no ralph uh we’re not giving you any extra security over 632 old northern road because ralph actually doesn’t have any interest so these are all very important because

john mahony is not only ralph’s lawyer but he is the lawyer for the real owner of 632 old northern road or at least the former owner uh mohan kumar so mohan kumar is owed 4 million bucks and at the same time in august 2017 uh mahony is issuing invoices to uh the purchaser so he’s acting for three parties with an interest with three different interests in the same land

and he is our fiduciary so it’s

it’s a rather unusual set of circumstances and we sought to have leave from the supreme court of new south wales to uh run a cross, run a cross claim against um john mahony for handing over our withdrawal of caviar when instructed not to

so it is a fact he handed it over

so look at this point uh ralph it’s now december 2020

. ralph under the august 2016 loan paid back not one single cent ever 114 000 interest-free never paid back one single cent uh the proper and even worse than that he put us to tens of thousands of dollars of legal expense to protect our interest

so

even denied through mahony uh and possibly uh in his defense he he denied that he owed any money um whatsoever to reliance leasing putting aside he signed it he gave us the caveat we had it there they lifted the caveat then they put another caveat back on uh he claims that uh

he had nothing so what am i saying about ralph well ralph um

ralph looks after ralph’s interest

um ralph makes, from my experience talking personally here ralph will make you promises uh he’ll even sign things uh he’ll even he’ll promise you the world but um sometimes ralph’s promises are not kept so um ralph let’s talk about mohan kumar now mohan kumar left australia on the uh and i mentioned he’s in jail um he left australia in october 2015 a couple of weeks before he left he hands a ralph a a power of attorney now i’m saying the power of attorney is is properly documented and is registered so um it’s legit the power of attorney is legit um there’s no um clauses in there that say say that ralph is entitled to confer on himself benefits in other words he can’t just get the 5 million piece of land and go and give himself a 20% interest in a private hospital now mahony later says well no that was really held for mohan kumar so um

maybe ralph is concealing assets for uh mohan kumar i don’t know if that’s illegal uh i do know that moan kumar is not a resident of australia and uh i believe uh people that are not residents of australia uh must get approval for their investments so um they you know if someone wanted to buy the property next door from china or india or wherever … uh well they have to make an application in certain circumstances there are exceptions but in certain circumstances they have to make an application to the foreign interest review board so the owner of a private hospital um probably i’m not an expert here but probably needs to make an application to um the foreign investment review board to be approved to um so they don’t let people that are money launderers for instance or gangsters probably uh people that are out there killing 20 people and involved in extortion and um you know crown casino has got problems because you know occasionally a gambler comes through there with dirty money so this is a real this is a real issue and um and i’ve said i’ve talked elsewhere in the podcast that we want to talk about um we want to talk about you know foreigners and money laundering uh and i’m not just talking about chinese or indian or californians doesn’t matter any any money launderers coming to australia with their money uh it’s legit to discuss it so um the paligaru

uh the paligaru thing is you know real um no sorry i was talking about mohan kumar so mohan kumar

his lawyer is uh mahony his power of attorney is ralph paligaru and ralph has helped, attempted to help himself to a sixty thousand dollar kickback from brookes partners uh real estate now brookes partners didn’t deny that there was uh a um debt if you like or arrangement so we say would you say arrangement they didn’t deny that there was an arrangement they just said that they it was not enforceable because ralph’s not a real estate agent that’s quite true ralph is not a real estate agent and therefore under the you know the various uh real stock and station acts stock station agents acts they can’t pay a commission to someone who’s an unlicensed agent absolutely correct uh ralph was an unlicensed agent now they never said we never made that arrangement with ralph they just said they can’t pay it it would be an offense so um for many reasons brookes partners is correct um now brookes partners also possibly have another problem in that after the property was sold they kept on sending the rent money to ralph so

at least some of the rent money some of the rent money every month went to ralph now what did brookes partners know when they introduced craig adams and they acted oh they acted for the vendor so that means they owe a duty to the vendor mo and kumar well brookes partners um were a party to this deal they did the introduction and uh they became the managing agent they collected the rent uh and part of the rent which then belonged to craig adams’s company uh they knew and they paid that to ralph so

ralph goes from working for mohan kumar

up until the day the property settles 632 old northern road to now receiving money from the purchaser but still owing a duty to uh he’s the power of attorney to mohan kumar and his own four million bucks so it’s it’s a it’s a very messy dirty messy just we’ll just say messy messy arrangement and um ralph um oh now ralph uh mohan kumar’s owed four million bucks ralph decides to assign that uh debt to me to my company for collection so ralph assigns that uh in about july um 2018. he assigns that and then says that um come the 8th of maybe the 9th of january 2019 says oh no didn’t do it that’s in writing it’s witnessed, he said, his lawyer john mahony our friend mr mahony said ralph held ralph only entered that under duress well duress means i held a gun to his head so in a office building in a public space you know surrounded by 20 or 30 50 people on the floor uh ralph he didn’t even sign it once he signed it twice he signed it in july of uh 2018 allegedly with a gun to his hit then he says that in november of 2018 he amends that deed and his wife witnesses it and he amends a second deed and apparently all along there’s a gun to being held to his head so john mahony um writes to me in july oh sorry january 2019 said oh yeah ralph signed those but it was under duress so what am i what am i accusing john mahony off well i’m accusing him of the things that are stated in the cross claim that’s what i’m accusing him of and i’m accusing him of not knowing the meaning of the word duress because um john manny’s been a lawyer for let’s say 40 years uh pretty sure he got his law degree at unsw in about 1975 when i was about six so he’s been a lawyer for a very long time and he should know the meaning of the word duress uh and but he put that meaning he put that word in writing said that he’s ralph signed it under duress or something to that effect um when uh

it’s just it’s fanciful absolutely fanciful so um

i have complained to the office of legal services commissioner about john mahony and um a company a law firm called YPOL, YPOL is i don’t know what it stands for but they act for uh lawcover there is a claim uh there has been a loss of hundreds of thousands of dollars we ralph signed a deed uh john mahony witnessed the deed uh john mahony was involved in preparing the deed john mahony signed the consent order on behalf of his client saying that if ralph does not uh honor the deed if he’s in default we can register my lawyers could register uh a consent judgment so as i said we spent tens of thousands of dollars on um getting enforcing our rights and um

john mahony now i’m going to publish the letter i’ll have to have a look make sure it’s not um without prejudice i believe it’s on the record john mahony writes that my lawyers fraudulently obtained uh the consent judgment

uh john mahony also um has …

a lawyer cannot contact the clients of another lawyer

reliance and myself my company were represented by lawyers the same lawyer and um john mahony had some legitimate discussions with mr steinberg of reliance leasing but

john mahony then proceeded i’ve got copies of all the text messages um john mahony proceeded to then discuss court cases uh john mahony been a lawyer for uh 40 years whatever long time say three decades at least three decades he must know the rules of uh you know lawyer’s rules he does know and um he has conversations with other people’s clients he was warned in writing by our lawyers over and over not to discuss the case uh with reliance leasing and in its director is a guy called garry steinberg well he did have some legitimate conversations with garry steinberg but inevitably the conversation somehow turned somehow somehow turned to um ralph paligaru and um at all times mahony knew

that he that steinberg had a lawyer and

mahony continued to talk to that other person’s lawyer behind the back of the other lawyer so when written to repeatedly do not contact our client now he could contact him on a friendly basis but not to talk about the specifics of the case so um it’s one interesting

mess there’s a lot more to come on ralph paligaru he’s now over there in fiji uh trying to operate a timber mill um obviously uh if he if he was successful in doing that he would be um selling all sorts of timber export so um he oh yeah mohan kumar the guy who he’s uh um power of attorney he’s an underworld figure like apparently killed apparently like reports um chhota rajan is he is his moniker his real name is something other than well (it is reportedly Rajendra Sadashiv Nikalje) apparently uh is something other than mohan kumar but mohan kumar in is now in india on a life sentence he has been found guilty of killing uh ordering a hit on a journalist for writing that you know um uh saying he was gangster or something um the journalist is dead and uh kumar was well not kumar but the person the real person whoever mohan kumar is (Rajendra Sadashiv Nikalje) um ralph’s employer uh the person that ralph is a duty to uh the client of john mahony uh at the same time when he’s the you’ve got clients called bargo craig adams and ralph paligaru are all all having different interests um john mahony the best lawyer in the world i mean he he’s able to juggle all these conflicts it’s just it’s just uh phenomenal what what what he can do so um it’s a real uh interesting matter and we will no doubt uh will pop up onto our website you know many of the documents a lot of the emails a lot of the circumstances there’s a chronology there there’s many many uh documents um there that ralph’s provided all sorts of admissions his way of privilege he’s done all sorts of things and um ralph is now saying uh not that he’s a crook or not that he works for a murderer or did um he probably doesn’t well he still holds the power of attorney so um

but he’s now ralph through mr mahony who’s saying no no no mark smith you’re the crook you’re the crook here you fraudulently obtained the the consent judgment oh we issued a bankruptcy notice to ralph as i mentioned earlier on so he’s saying well we’re we’re the dirty ones we’re the dirty ones we we transferred 114 000 uh interest-free um we had a caveat they say never had it had never had any interest in the land um never owed any money withdrawals being given when they’re held in escrow it’s it’s one hell of a mess

to be continued….

it’s so 2021 what’s that going to be all about um well we’re going to

be as i said building financial products and there’ll be a few links to a couple of those and uh we’re talking we’ll talk a little bit more about that in in um well a lot probably in every episode in 2021 we’ll be talking about our AFSL and particularly the busifund legal services capital trust and this is a fund that we’ve set up to you know give give investors something to something a bit different so 2021 we’ll certainly be talking endlessly about westpac and uh it will be absolutely shameful some of the um things that come out about westpac bank we will be talking no doubt about saunders and staniforth unless they happen to settle um i will definitely be talking about ralph he’s another R. um we won’t be probably talking about hakan but i think uh business interruption insurance is going to be and insurance in general it’s it’s an absolute it’s probably a necessity but many people view it as an absolute rip-off and um i

will talk we’ll talk some more uh managed investment schemes now that’s something uh preparing and uh setting up managed investment schemes is something that you can do with an afsl and that’s something busifund um can do um without afsl so uh there’ll be many many real estate rules that we talk about definitely in 2021 we’re going to touch on uh some lovely people from the orange region bernard and fiona hall they’re

their company biteriot operations pty limited uh caernarvon cherry and uh we’ll certainly talk about bonny glenn fruits and i wouldn’t be surprised if there’s going to be some public examinations in this into this company in 2021 so we’ll see about that and we’ll talk about some of these um foreign money launderers and particularly um i i spend well certainly next year i’m i intend to spend a lot more time in orange and uh our property out there has uh let’s set in a rural area there you go rural there’s another R. um rural we’re going to talk about rural issues and and um uh i have nothing against china i i had a trip there about 12 months ago i thought it was incredible uh different different and i mean i didn’t say beautiful

but i did say incredible and i did say it’s it’s it’s quite a staggering staggering country and and what’s going on there the development and um and the scope but there’s also a lot of people and um i mean i i didn’t quite appreciate um with china the uh financing issues i actually had to get money into china and um well no one wants to get money into if you’re if you’re a trader i i went to to china to buy a container load of a product and uh no one in china wants to receive their own currency no one like no trading business at all wants to receive their own currency they want to receive it in hong kong and they want to receive it in us dollars and and it would seem it certainly occurs to me that some of the quote unquote investments that are made in australia in the rural

in the rural space

i think we want to as a nation consider

whether some of the

i think it’s it’s time to look and think about whether some of the investments that are coming to australia by a foreigners are really bona fide investments um so i’m not going to touch on that right now but in 2021 i i think it’s something that we should talk about and so that is the end of the beginning well thank you again it’s been an interesting 2020 um we haven’t probably uh put on as many episodes as we’d like um but uh here we are uh we’ve we’re up to episode 3 we’ve we’ve started and uh the journey of a thousand miles starts with a single step so uh we’re on the journey um for our next episode i’m not sure if we’ll have another one just before or around christmas and i suspect though there will be an orange episode in either episode 4 or episode 5 um we’re going to be at the wonderful snowgums retreat at orange and we’ll be taking you to meet some of our villains uh maybe not in person but uh we’ll be going to see some of our villains um and uh we’ll go and see you know saunders and staniforth we’ll we may go to a place called cabonne council we haven’t talked very much about them but yes we’ll see where we go with with cabonne we will probably

go and visit uh what i how i described one of the biggest employers uh in uh in the district there which is called caernarvon cherry now they managed as i’ve said in episode 1 season 1 episode 1 uh that uh this is a company that employs uh something like has employed something like 900 employees out of a tin shed. so uh a much bigger employer you’ve heard of Cadia MIne out there employing uh you know the current owners are spending six or seven hundred uh million million yeah i a lot of money maybe a billion dollars uh doing upgrades well i don’t even think they’ve got 900 employees so uh yet uh our friends at caernarvon cherry uh

have 900 employees and um look we might even go and visit some of their employees i mean some of their employees this uh like 50 to 100 of them that uh just don’t have an have an address or their address is uh um same address as the caernarvon cherry office they don’t have a date of birth they don’t have a tax file number they don’t have a superannuation fund yet um you know they’re earning four thousand dollars working 180 hours in the week so um four thousand eight hundred maybe uh in the case of one fellow who doesn’t have a date at birth who’s under 18. like no tax file number he’s under 18 uh he’s claiming the tax-free threshold uh doesn’t have a date of birth gets paid in cheque um look we’re definitely going to visit the westpac branch in orange that is where the caernarvon cherry cheque account is domiciled and

uh we have written to the uh at the time he was the ceo and we certainly wrote to the chairman uh of westpac now poor of course poor darlings they’re no longer uh employed there are they the victim of that money laundering

fustercluck um they’re called uh where uh where the bank got fined was it 1.3 billion dollars well anyway we wrote to the chairman and ceo and told them we gave him a list of cheques and said uh hold these hold these uh look we’ll go and visit orange police um we’ll we’ll take a video out on the street there and uh

we’ll explain the relevance of orange police uh while we’re there um got nothing bad to say about orange police just probably maybe not a lot of good but um uh we might even go and visit the centrelink office of at orange many of the uh caernarvon uh workers there uh allegedly um

well we’ll talk about it we might go and see some of the benefits of foreign investment um in the orange district uh and we’ll see what uh you know chinese money it doesn’t have to be chinese but uh can be chinese uh foreign money let’s just call it foreign money uh you know we’ll look at some of the great examples and some of the great value adds that some of our foreign investors have have brought to that part of the world we’ll certainly go and visit raine and horne at um orange that’s downstairs and upstairs is the illustrious um saunders and staniforth and uh funnily enough uh both raine and horne and saunders and staniforth are probably liable uh to be held in contempt they’re both been served

subpoenas and here we are um neither of them have complied one’s downstairs and one’s upstairs now unrelated companies uh but uh roger eddy is the director of the raine and horne orange and we’ve got mitch uh staniforth and andrew saunders upstairs um i’m not suggesting these companies uh are co-owned or heaven forbid they’ve done a merger but i will tell you that uh the same office um for um saunders and staniforth had merged according to saunders and there is a link for you go and have a look at their website or there’s a link to their website on the saunders page so just google dc partners uh saunders and staniforth and uh you’ll you’ll be able to see a copy an extract of uh their webpage where it talks about the merger so um anyway as i started to say happy christmas uh we’ll probably be coming to you just the other side of christmas from orange uh there is so many wonderful sights to see in orange uh such as the ones that i’ve talked about the centrelinks the police the westpac branch uh the caernarvon cherry uh heaven forbid uh no longer we can’t call it caernarvon cherry we we must be called biteriot operations uh look we’ll go and have a look at um we’ll go and have a look at uh

um

let me put it this way we’ll go and have a look at my easement um uh i’ve had one or two run-ins with some people that want to pretend that there’s no easement that’s been there since the 1970s so um well anyway so that brings us to the end of season 1 episode 3 so thank you very much for your attention happy christmas stay safe drive safe and we’ll see you a in episode 4 possibly from orange but maybe from sydney thank you

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The Many R’s Podcast – S01E02

Podcast Mark Smith

5R Podcast – S01E02

Rogues, Rascals, Rorts, Rip-offs & Reviewables

for more information and indepth villain profiles – visit our webpage

https://www.dcpartners.solutions/products-services/blog/podcast/

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In this series 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 2 will focus on:

Season 1, Episode 2

(Chapter 1) discusses the following:

Travel ripoff

Corporate rip-offs

Real estate including agents and developers

Andrew Saunders of Saunders & Staniforth Pty Ltd, Valuers and Town Planners (and legal advisors) of Orange, NSW.

Corporate rip-offs

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Transcript:

rogues rascals reviewables routes and rip-offs in fact a whole bunch of ours season one episode two my name is mark smith of dc partner solutions i’d love you to check in at our website

www.dcpartners.solutions slash podcast you can ring us anytime 1-300-327-123 or instant message chat with us in our web page bottom right hand corner use the tools well just to recap in season one episode one we set the scene and we discussed a range of sectors and uh different parties that we might be interested in chatting about and some of the sectors uh our villains and our themes uh these sectors that we looked at included real estate property developers um corporate villains uh travel rip-offs a a real favorite and we’ve got some huge news on that this week we talked about malfeasance which is wrongdoing by government personnel we didn’t really touch on them but iffy lawyers and we’ll see whether we’ve got uh time this week to uh to to touch on a couple of iffy lawyers uh miscellaneous shysters insurance racketeers banks and receivers well this week we’ve had a very significant win um on behalf of a class action before we even filed the class action so we managed to um well i won’t go into the tactics uh specifically but um it was surprising that uh it was surprising in some ways that uh it was unsurprising in others but it was surprising and pleasant that um we got a very good outcome for a group tour i cannot name the tour operator involved nor can i name the class members but it was a group it was a group of 61 and they uh the entire class had virtually the the same claim against the tour operator so that would be the defendant um and for roughly the same amounts of money for the same what’s called cause of action so to run a class action uh it’s necessary that at least seven people have uh the same or substantially the same cause of action against a at least one defendant so we had a we had a terrific outcome there uh we’re still very interested to help people that um have been ripped off um and uh look we keep reading newspapers all the time we’ve got scenic tours charging people 20 40 50 50 000 59 000 um cancellation fees for trips of lifetimes and uh no post payments uh travel credits that sort of thing there’s some real heartbreaking stories out there and uh we’re terribly terribly uh sorry but uh interested and willing to help help people and uh we we we read these articles about people with these horrendous uh travel uh cancellation fees through no fault of the um through through no fault of the traveler really so um we’re very keen to pursue some of those flight center qantas airways jetstar uh people that are sitting on thousands and thousands and thousands of dollars i think the latest wrought and it’s an absolute scam uh qantas airways uh flights in october are clearly not traveling uh the commonwealth government has imposed travel bans until at least the middle of december and qantas airways is refuse is refusing to uh to cancel the flights i mean they’re just um thieving bastards if i can put it like that um thieving bastards taking people’s money and um you know many months ago they’ve taken people’s money uh i was uh i think i read an example of someone i think they were going to chicago or somewhere like that booked a business class ticket twelve thousand dollars per head or thereabouts and uh clearly the flight’s not um not departing but uh qantas refusing to

refund sorry refusing to cancel and then when eventually they will cancel then well you can expect a 10 week 10 week weight for the uh poor traveler to uh to get their own money back and uh it’s just not good enough qantas youth thieving bastards so um we’re very keen to uh to help people the victims of qantas uh flight center where we’re not hearing uh wonderful things there we are hearing that people eventually get their their refunds but um uh it’s um you know uh people are not banks and uh if cash cash flows particularly tight for flight center well really that’s that is a flight center problem uh so uh there’s still hearing occasionally uh of great difficulty getting through to call centers of booking.com expedia web jet what if and and what have you so very very keen to pursue some of these travel villains um and uh specifically very keen on uh group tour class actions we’re talking about the insurance racketeers and uh this particular racket uh that’s another are rackets very close to wroughts and rip-offs but this particular one is an absolute racket and it’s it’s plain out now theft how it works is uh the travel not the travel on pubmed the insurance companies sell you a policy and look in some i’ve i’ve seen a range of different policies but certainly policies up uh that were i haven’t seen one that renewed before the end of 2019 i’m not saying they’re not out there but i haven’t seen one that renewed before the end of 2019 that had the correct wording and and it’s wording under what’s called business interruption insurance and uh typically how business interruption insurance works let’s say you run a 10-pin bowling uh alley and it burns down and well you’d get you’d get business interruption you’d get fire insurance so the building would be insured but you can actually insure your losses as well and um uh you might let’s say you you are you own this 10 pin bowling alley and this doesn’t just apply to 10 pin bowling it certainly applies to all sorts of professionals it might apply to doctors it could apply to dentists candlestick makers bakers you name it uh if you’ve uh if you have a policy that covers business interruption insurance then i strongly encourage you to look up your policy now if you’re at all unsure whether you’re covered um by all means send us a copy of your policy at solutions at dc partners dot solutions uh just email us a copy of your insurance policy solutions at a at solutions at dc partners dot solutions and how it’s supposed to work is um you have a policy that covers your losses in the event your business is interrupted and there’s some absolutely gigantic claims going through um and this case has gone through in england and they’re doing test cases here star casino

now unsurprisingly star casino has had their business interrupted but interestingly they they claim that their businesses have been interrupted not by the pandemic but by government policy and

there are a number of ways to claim but when i was talking just a moment ago about policies that renewed before the end of 2019 uh there was an exclusion clause in there that said if uh your business is interrupted uh by virtue of a epidemic or a health emergency or they don’t necessarily use the word pandemic

and they also refer to something called the quarantine act of i think it’s 1914 and they say well look if your business has been interrupted by a pandemic declared under the quarantine act of 1914 it’s a commonwealth act uh well that’s an ex an event that’s excluded well the the stuff up is that and we talked about iffy lawyers whoever the iffy lawyer is that acted for these insurance companies really has a lot to answer for and uh the quarantine act of 1914 was actually um however you put it they buy the quarantine act of 1916 or whatever the year was uh was repealed it was repealed and so all the insurance policies however none of them were updated and they continued to address an exclusion for pandemics declared under the quarantine act which had been repealed in 2016 and here we are in 29 to 2020 and along comes the

along comes the corona virus and of course there has been no pandemic declared under the quarantine act of 1914 or 1916 or whatever the year was because in fact the uh quarantine act of 1914 was repealed in 2016. so there will never be a um a pandemic declared under that particular act because it was repealed it’s gone and so uh this iffy lawyer whoever it is he or she uh whichever firm has um has left a

has left some sort of gap uh and it would appear to be the size of the grand canyon and uh you it would appear you can fly a plane sideways through it and uh it could be that thousands and thousands and thousands of businesses out there have business interruption insurance and so this is a space that we’re uh tremendously interested in if you have uh business interruption insurance or if you don’t know if you’ve got a policy and you think you might have business interruption insurance uh would depend on the business and clearly business interruption insurance requires that your business is a business and it is indeed interrupted so look there’s still some fine print but we’d be very keen to talk to you at solutions at dc partners dot solutions or come to our website uh bottom bottom corner here use the chat tool alternatively give us a call 1-300-327-123 or send us a copy of your insurance policy solutions at dc partners dot solutions okay in the villains uh real estate and developer kind of villains uh area we’re talking about we’re giving you an update from uh episode one about our friend ralph ignatius palagario and uh we’d indicated that we’d obtained a consent judgment in the supreme court of new south wales none of this is private it was all on court lists and anyone in the world could have sat in the back of the court well mr paligaru we have a judgment of the supreme court of new south wales and uh in the last 10 days or so we’ve gone and obtained a bankruptcy notice and we’ve had that served on ralph ignatius palagaru so our friend mr paligaru the clock is ticking and six under six months from now we’ll we’ll be back and um uh will uh be applying for the sequestration of that particular man’s uh affairs uh he’s the director of a company he’s yes he’s the director of a company called dural alliances proprietary limited in liquidation i appointed the liquidator there a man called daniel friskin of i think the company name is o’brien palmer insolvency uh a good bloke and uh doing a good job oh our friend mr palagar who find fifty thousand dollars uh not um by asic um has not uh has not complied with his obligations not even in in liquidation a uh a director of a company is required to cooperate uh he’s required to keep books and records but he’s also required to cooperate with the uh with the liquidator so um mr palagaru fifty thousand dollar fine by asic um let’s see whether his lawyer his lawyer is a fellow called john marney sometimes called mahoney m-a-h-o-n-y john mahoney of mahoney law at balkan hills in new south wales or norway west business park let’s see whether uh mahoney can get our friend uh mr peligaru out of that asic fine so um we’ve had uh some very interesting correspondence with our friend mr mani now uh ralph paligaru friend business partner silent partner joint venture partner received

refinanced his house to give craig adams money um to advance money to a company called golden arrow international proprietary limited also in liquidation advance that uh that chap uh mr craig adams 540 thousand dollars uh this is all on the public record uh uh logitech aviate um advanced the money in august 2017 but mr mani uh did not mr mani prepared a deed for mr palagara mr and mrs palagaro in august 2017 but uh the record shows that mr mani um did not lodge a caveat and uh a period of uh from august to november 2017 uh went by and mr mani um in about november 2017 subsequently lodged this uh caveat on these uh properties in worrywood belonging to golden arrow international proprietary limited but in the meantime uh our good friends uh ian jordan and maya i can’t pronounce this and i may are beginning with p you’ll see the transcript here of australasian property group private limited singapore uh look they did a personal loan a personal loan from uh ian jordan and maya of the company australasian property group private limited now i understand uh that australasian pro australasian property group private limited have uh is it merrill lynch or kkr kolberg cravis roberts as uh as investors uh i i i reckon they’d be uh absolutely um furious if they’d known if these investors of australasian property group private limited uh gave unsecured loans to craig matthew adams now um somehow and uh this watch this space i that’s all i’m going to say um australasian property group managed to get uh and and this company is in liquidation so uh watch this space but uh australasian property group managed to weasel out of uh golden arrow international sometime between august 2017 and november 2017 they managed to

wangle wrought if you like charges on the real property of golden arrow international now there are offences there are avoidable transactions and um watch this space uh if you um if you obtain an unfair preference in someone’s bankruptcy uh that’s something that a bankruptcy trustee can do something about so uh craig matthew adams uh craig matthew adams uh happens to know john francis mahoney of mahoney law balcom hills and interestingly uh ralph peligaro advanced 540 000 to the company of craig matthew adams called golden arrow international and the invoice uh for from john francis mahoney of mahoney law did not go to uh ralph ignatius palagaro or if it did it was actually paid for by craig matthew adams it gets murkier and murkier ralph ignatius paligaru borrowed this 540 000 from a company called uh franklin yeezy proprietary limited it had a an interest rate on it sit down six percent per month in default and so the the problem is you you’ve got to have an exit plan if you’re borrowing money at six percent per month um i don’t know how your maths is but let’s say one percent of 540 000 per month is 5400 so if you’re um in default for uh five hundred and forty thousand at six percent a month you’re talking thirty thousand dollars per month of interest in default and so that’s a real problem for ralph ignatius palagaro if you borrow 540 000 and come november of 2017 you discover that uh your interest if you’ve got one your interest in land at uh if you’ve got one because john francis mahoney uh prepared a deed for you uh giving you this interest in this this equitable interest in this land at worrywood uh then you want to hope like hell that uh john francis mahoney has lodged to have it and it turned out that um the circumstances will be investigated it’s unknown the reasons for the delay and i’m not accusing john francis mahoney of any anything uh it’s just uh he must have known that it was uh the exit plan was the exit plan for mr peligari to get his 540 000 back and noting that mr palagara would be in default if he didn’t get the money back um six percent per month so it’s rather important it’s interesting for mr mahoney to have done his job so uh if craig matthew adams paid the bill it’s also interesting who was the client was the client craig matthew adams was the client ralph ignatius peligaro and the mind boggles so that’s our our good friends there australasian property group ian mayer craig matthew adams personal loans personal loans converting to company loans for no consideration uh potentially um postponing conduct on caveats uh we’ve got unfair preferences in greg matthew adams’s bankruptcy trustee and on and on and on it goes okay quick update on our friend tony dager from uh vogue construction group proprietary limited in liquidation and our great mate max pricey of tracy yap realty uh max pricey of tracy ray yap realty is the the bloke that blocked me in the driveway at 26a hillmont crescent thornley and told me that i couldn’t attend a public auction um i turned up there at about quarter past two on the particular day for a 2 30 public auction maybe it was 20 past maybe it was 25 past i don’t remember but public auctions usually you know involve the public and um our great mate uh max pricey well according to realestate.com.iu as at this evening 27th of september uh 26 a hillmont is unsolved and uh you know i don’t uh recall the exact date of the auction but our mate max pricey stopped me now who else did he stop from coming there’s a covered 19 limitation of 20 people attending auctions so if you usually i would think if you’ve got 20 people attending an auction someone’s going to buy it they can’t all be 29 well i guess they could all be 20 neighbors but they’re all pre-registered so they’re really really organized like her neighbors so uh our mate what we did know max price he rings triple o he doesn’t want me there so um some things uh something’s seriously um bizarre is the word that i used in episode one well we’ve now got another villain to introduce you to this is our other mate dennis acrylic that’s spelled k-r-i-l-i-c of oakville he’s a electrician uh license number 193 pardon me one nine six nine seven three c new south wales uh fair trading dennis krillick uh just happens to also uh own a whole bunch of real estate in port macquarie and uh funnily enough that’s that’s where our mate craig adams is uh

he’s got lots of connections who knows where where craig lives these days where he’s residing who knows but uh unrelated person dennis acrylic uh watch this space he’s a uh emerging villain and uh we’ll be uh we’ll be sharing some more bits and pieces now andrew saunders of saunders and staniforth a wonderful town planner valuer of uh of the town of orange uh does a whole bunch of work for the commonwealth bank uh even is good enough to give legal advice i don’t know whether he’s qualified i i’d love to see cv i’ve subpoenaed his cv uh we’re in litigation with uh our friend andrew saunders he gives legal advice to people letting them know things he couldn’t possibly know about existing use rights and well another week or month or however long has gone by and we still don’t know whether andrew saunders has any qualifications to give legal advice so if you’re a client of andrew saunders you’ve got any stories um about town planning mishaps uh we would love to hear from you if you know dennis krillick of um you’ve invested money with dennis krillick in some property development we’d we’d love to know about that vogue constructions um in liquidation apparently uh uh leave behind a trial of destruction ralph kaligaru ian jordan maya p australasian property group and that’s our update on real estate and uh developer villains okay in in the corporate villains section today we’re going to touch on in a little bit more detail our good friends at bike ride operations proprietary limited otherwise known as and it was previously known as a company called carnarvon cherry proprietary limited and the directors of that we did discuss them briefly last week bernard and fiona hall now we’re looking at doing two class actions um in the you know in regards to bite right operations proprietary limited and uh carnavan cherry bite right happened to sell apples and cherries and they happened to sell those apples to woolworths and harris farm so you may you know if next time you pick up a pink lady apple uh check if it’s a bite right apple and you know you might want to choke on that but if you don’t

it’s it’s really something that uh you know we think has got a lot of merit so we’re looking at these two uh class actions involving bike ride operations proprietary limited and carnarvon cherry uh as i mentioned the first of those is an employee class action and we came across this uh case uh involving a guy called daniel usher and that’s spelled u double s h e r daniel usher and uh we noticed this in the federal circuit court of australia you know a couple of months ago and i spoke to daniel usher and daniel usher had worked some huge number of hours for carnarvon cherry now canarvan cherry seems to it’s just a perception but they seem to wanting to vanish off the corporate radar and um look uh if i was being unkind i’d say that they were phoenixing into this uh company called bite right operations so um carnavan cherry has a has an interesting history and it is currently being sued by uh one of our associates called dcp litigation holdings for something like six hundred thousand dollars so i think when that case is over it’s going to be very interesting to see if there’s any assets left in bite right sorry in carnarvon cherry proprietary limited or if they’ve all been phoenixed into bite right operations proprietary limited anyway it seems that bite right operations is um now the phoenix entity and we’re also looking at a glow at a grower class action and uh there’s a mail out going out this week to a number of growers is about 20 or 30. we’ve got a lot more growers than that on our database but we think uh well it seems that they currently have something like 20 or 30 uh growers that are supplying apples and cherries into their packing shed and

one of the companies i was a director of i was only sorry i was an associate director not a director but an associate director called homeward bound holdings proprietary limited now that that company i won’t tell you everything about it but that company did grow cherries and it had arrangements previously with carnarvon cherry proprietary limited bernard and fiona hall as i said are the directors of that and we say that seems to seems to be phoenixing into this company called bite right operations proprietary limited i’m going to put up a lot more information on our website about bike ride operations proprietary limited but there is a great deal of grey areas let’s put it that way gray areas about bite right operations proprietary limited i will put up a uh sbs dateline transcript and i’ll put up the links to the sbs dateline program and that was sometime in june and uh this company bite ride operations it must be um well let’s go into murky waters let’s put it that way it is according to the director fiona hall uh now she uh on sbs dateline amongst other things she admitted that this company that grows fruit uh ran out of water um at one of its orchards so i i don’t know uh oh and there’s a drought and there was bushfires so and there was you know record heat waves so um i also i will put up a link and i’ll provide the transcript fiona blamed the drought um in an interview with uh i think they were called central west uh regional development and i’ll put up the link it’s uh it’s on youtube you can uh you’re gonna look at it and you can be the judge yourself but uh fiona didn’t seem to um take the take the blame she’s a allegedly a nuffield scholar fiona hall and uh fiona wasn’t that keen to accept the blame for running out of water but it turns out when you’re going to grow fruit you’ve got to start pumping sufficiently early out of your bores and you know fill your dams and all the rest so there’s some questions in my mind whether she’s a genuine nuffield scholar and i happen to know um and i’ll put up the links fiona asked me to write the um to write the application for her nuffield scholarship i didn’t i wouldn’t but i do know who did write it and uh she was successful and the person that wrote it it was not fiona hall so there’s some questions there about the real bona fides there i think of bernard and fiona hall bite right operations and canarvan cherry so grow a class action if you want to join our grower class action there’s a link and uh if you’ve been growing fruit in the past uh this is maybe and i i think from the documents that i’ve seen and that the documents that i’ve assembled uh concerning homewood-bound holdings proprietary limited uh we we have questions um we fiona in sbs dateline uh claimed that her staff were paid eighty dollars a day now that seems an extraordinarily an extraordinary or seventy dollars a day seems to me to be an extraordinarily low figure what is confusing and why we think that there is scope for a growing class action is

the bills that went to the the um growers work for considerably more considerably more than 80 a day for staff in fact we’ve got one staff member um who has no date of birth no name sorry he has a name um i won’t say his name but i might publish some details uh in fact i probably will i will publish the invoice there you go i will publish the invoice and the invoice has the person’s name on it the particular person in mind uh we did some searches and this person has no date of birth according to canaan cherry it has no date of birth that person no date of birth he worked 180 something hours in the week now there only is 168 hours in the week so even if he worked every hour in the week we got billed a week being homeward bound holdings proprietary limited got billed for in excess of 24 hours a day seven days a week for this particular block so if he exists he does not have a tax file number he uh does have a tax file number exemption for being under 18 and his um so this under 18 worked more than 24 hours a day and we got a bill homewood bound holdings for 4 thousand more in excess of four thousand dollars for one week when um according to fiona on the sbs dateline they pay their stuff something like 80 a day so you go figure that out i say that there is scope for this grower class action and for those growers that want to join us and want to get want to be charged a fair sum and don’t want the assets of carnarvon cherry to end up phoenixed into bite right operations proprietary limited now’s the time to contact us

and we are putting together this class action as i mentioned now uh we have been talking about this for some months and uh the reason it hasn’t proceeded until now was because of there was a public inquiry i’ll put the links uh the uh federal government the treasurer uh ran through the commonwealth uh parliament a public inquiry into litigation funding and class actions and there was considerable unknown areas so if you’re one of the uh growers to carnavan cherry proprietary limited we think we know who you are we are going to write to you you will get our emails and you will get an invitation you can also you can join up as as a as a grower and we have a very interesting um person to be the lead plaintiff so you can’t be the lead plaintiff but you can be a class action member and uh we do have this afsl we’ve got the details of our afsl on their website

www.dcpartners.solutions and search in the afsl and you’ll find the particulars of our afsl so here we are we’re almost the end of another episode of season one episode two of the five hours pop podcast rogues rascals rorts rip-offs and reviewables and uh there was another r that we added today i can’t remember what it was but racketeers i think that might have been it so look uh there’s an endless stream of asses and we’re here to shine the light on them and discuss them and

answer your questions and look through our afsl if we can help people like you to obtain a just uh outcome uh we’d be super keen to do that so uh at the end you’ll see uh some contact details for us 1-300-327-123 uh you can always email us at solutions at dcpartners.solutions or talk to us in the bottom uh corner of the screen there’s an instant chat there on our website www.dcpartners.solutions love to hear from you love to receive your emails if you’ve got any feedback on any of our horror stories if you happen to know one of our villains if you’ve got documents about them or anything you want to shed some light on you maybe you used to work there you want to clear your conscience however it is uh by all means come and make contact with us and we’d love to hear from you and uh we’ll be seeing you very soon we’ve got uh oodles endless oodles of uh uh juicy tidbits for uh uh for our viewers and uh thank you very much for the uh incredible response we’ve had lots and lots of uh interest in the podcast so we’ll look forward to producing episode three for you in the very near future thank

you

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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

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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:

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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 Paligaru (owner 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.

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Golden Arrow International Pty Ltd (in liquidation)

golden arrow 3

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

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

Craig Adams was the director of Golden Arrow and other companies placed into liquidation in mid to late 2018 as a result of a windup application initiated by DCP arising from the assignment by Ralph and Dural Alliances to DCP .

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

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

These alleged facts may become the subject of litigation before the NSW Supreme Court in the coming months?

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

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

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