Tag: Horticultural Code of Conduct

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Bernard Hall – updated profile

Bernard Francis Hall

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

 

 

 

 

 

 

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

 

 

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Caernarvon Cherry Pty Ltd – profile

Biteroit - Caernarvon Cherry

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

Caernarvon is essentially a fruit packer and marketer.

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

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

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

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

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

Its directors are:

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

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

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

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

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

Present known cases against Caernarvon Cherry

 

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

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

Other links

 

DCPLH v Caernarvon civil claim page – click here.

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

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

To view our main Hall family page – click here.

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

Contacting us with or for more info

 

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

 

 

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

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DCPLH v Caernarvon Cherry Pty Ltd – potential growers class action

Biteroit - Caernarvon Cherry

DCP Litigation Holdings is inviting expressions of interest from potential class action claimants against Caernarvon Cherry Pty Ltd ACN 111 047 191 (“Caernarvon”).

Caernarvon Cherry Pty Ltd is a fruit packing operator located at 474 Canobolas Rd, Orange NSW 2800 and predominantly packs Cherries and Apples under the Biteriot brand for Woolworths, Harris Farm and numerous export supermarket chains.

DCP Litigation Holdings is the assignee of the claims of a number of fruit growers from around the Nashdale, Mudgee and Orange / Mt. Canobolas fruit-growing regions.

What is a class action?

 

A class action is a permitted court action involving 7 or more claimants with substantially similar claims against the same defendant or defendant/s.

What’s the class action about?

 

We will be arguing, amongst other things, that:

  1. Caernarvon breached the Horticultural Code of Conduct which is a mandatory code within the fruit packing and wholesale sector ;
  2. Caernarvon provided misleading and deceptive fruit packing statistics and materially underpaid our assignees – causing loss ;
  3. In addition, Caernarvon overcharged our assignees for packing services, fruit picking services, packaging, transport, fruit handling, storage and /or otherwise.  In some cases, we have seen evidence where, Caernarvon charged our assignee grower up to almost 400 hours of labour in one summer season for the provision of a “person” / alleged staff member – this ‘person’ having no date of birth, no bank account, no tax file number, no superannuation membership, and no address … (the person actually is alleged to reside at the same address as Caernarvon, 474 Canobolas Rd – together with approximately 100 other alleged staff members) ;
  4. Moreover, Caernarvon at the time of the apparent overcharging of our grower assignee, also charged our grower assignee for the services of a “pay mistress”, Ms. Paula Neill formerly of Landseer St, Raglan.  Around the same time, Ms. Neill pleaded guilty to stealing the sum of $44,864.56 from a local charity known BINC ;
  5. Caernarvon failed to conduct its fruit growing operations in a workmanlike manner.

And in the process, Caernarvon caused our assignee loss and/or damage.

To be clear, we do not accuse Ms. Paula Neil of any criminal offence, however we do say that Caernarvon itself, with some 900 persons on its payroll did engage in misleading and deceptive conduct causing loss to our assignee, and we believe it is highly likely that a number of other fruit growers from the Orange and nearby locality also suffered loss (we have spoken to many).

Moreover, we say that the assignee is entitled to query the veracity of various expenses, which they have, and about which questions still remain outstanding (Caernarvon refusing or neglecting to account or answer questions).

DCP Litigation Holdings are inviting expressions of interest from other growers and suppliers to Caernarvon Cherry, to discuss the claims with potential class action fruit growers and claimants, who have had a similar detrimental financial experience with Caernarvon.  It will be our proposal to fund all litigation costs of all fruit growers accepted against Caernarvon and to share in any settlement payment or judgment of a relevant court.

How big does my claim have to be?

A class-action is ideally suited to large or small growers.
The size of the claim is not important.
The important aspects of the claim is that they are substantially similar to the what we say above that we will be arguing, i.e. they generally involve the supply of fruit from a grower to Caernarvon and some disagreement about entitlements to money (big or small).
The other important factor is that the defendant must be Caernarvon Cherry Pty Ltd of Orange, NSW.

How fruit growers can get involved?

Regardless of how big or small your claim may be, interested parties are asked to complete the below form to express interest.  Once we receive your enquiry we will email you also our class-action FAQ’s.

CCC class action

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