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

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

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

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

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

6:53 Ralph Paligaru update

7:04 Mohan Kumar / Chhota Rajan update

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

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

17:02 Ralph Paligaru – Bankruptcy update

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

21:20 how to contact us

21:30 credits

Podcast – homepage – click here.

Transcript:

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

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

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

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

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

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

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

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

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

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

Many R’s Podcast – S1E6

Podcast Mark Smith

Many R’s Podcast – S01E06 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/t3SAWQaqWks

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 6 will focus on:

00:00 – Start, opening music 00:14 – Intro from Mark Smith

00:27 – contact details

00:37 – Personal chat with Mark Smith, what Mark Smith’s been up to and what’s been happening with the Many R’s Podcast

01:00 – Reflections on the Covid World and opportunities

01:25 – End of Law Degree studies and personal reflections

03:36 – outline of show contents

03:45 – more on show contents

03:57 – Bunnings Gift Cards

04:08 – Matthew James Taunton – MBO Estates / Abel Agencies Box Hill

04:20 – Hakan Kutup

04:22 – Mahony Law / John Mahony & Law Cover plus Ralph Paligaru and Amreeta Paligaru

04:40 – Mohan Kumar

04:45 – Philip Beazley, Greg Walker, Karen Vee Walker

05:00 – Automotive sector

05:43 – Franchising

05:58 – Receivers

06:06 – Caernarvon Cherry, Bonny Glen Fruits, Fiona & Bernard Hall of Biteriot Operations

06:16 – DCP Capital

06:26 – DCP Capital – tax debt lending

06:36 – Corporations Law and Company insolvency lending

07:36 – Lightspeed Mortgage Management

08:24 – Sydney & Orange offices

08:44 – DCP Capital – Orange Development fund and forthcoming information memorandum

09:04 – Look ahead to S1E7.

10:24 – Credits

To share this video: https://youtu.be/t3SAWQaqWks

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:

S01E06 podcast – transcript

season 1 episode 6 of the many R’s podcast welcome back it is uh wednesday the 16th of june 2021, my sister’s birthday, and i’m in uh freezing cold orange right at the moment but uh i’m as happy as larry and i look forward to telling you about that right now got any questions give us a call 1-300-327-123 or go to our website uh bottom right-hand corner uh dc partners dot solutions and uh click on the uh instant chat message thank you what a rusty introduction i’m very very sorry um it’s been a long time now i have been i’ve had probably the busiest uh few months in my life and today is wednesday the 16th of june  2021.

uh it is uh the afternoon i’m in orange at our new house actually believe it or not um we uh we’re we’re covid uh uh were covid safe out here and um look this covid thing has been wonderful and in lots of ways um and it’s it’s meant it’s freed up all sorts of reasons why uh you don’t need to be in sydney you don’t need to be in a capital city uh with the online world so here we are um at orange uh in my new studio and um my new home office and in studio and i’m looking out there’s snow out the window uh it’s it’s melted but uh it was snowing here uh several days ago and our property’s actually called snowgums so it’s been absolutely wonderful and why is it being wonderful well two days ago um one of the biggest events in my life uh came one of one of the biggest chapters in my life actually came to an end i’ve been studying a thing called a juris doctor which is a postgraduate law degree uh it’s a masters uh 24 um subjects um i’m a busy boy uh you know i’ve got an mba i’ve got uh businesses and uh been running litigation funding uh for a range of different people um and uh i’m a busy busy boy and i started in i think it was like the 17th of february 2014. i’m extremely privileged, i’m definitely white i’m middle-aged i’m male and i’ve been on a commonwealth supported place since um which is a which is a code for a subsidised law degree at THE best university well arguably the best university in australia and it has been a sensational sensational ride and i’m just so privileged and i know i’m privileged so um and apart from being white male and middle-aged and all that, we’re in a great part of the world and you know i’m just bubbling and enthusing with um happiness i uh i felt a huge relief um at the end of my studies and uh i was writing a 4000 word uh essay on the inviolability of the person uh which is very interesting and i’m happy to you know share with anyone or talk about it 1-300-327-123 i just couldn’t be happier so um i’ve got uh well we’ve got a very interesting program it’s just like a bit of a catch-up program and we’re not going to do our next episode until well we’re still in sydney so we’re partly in sydney and we’re partly in orange and um uh well it’s out of orange there you go but um uh we’re we’re on mount canobolas to be precise so uh have a look biggest mountain between sydney and uh perth it’s about 1 300m, we’re about one thousand meters above the sea level 1,004m there you go 1004m above sea level so that’s like Katoomba and it is just a sensational beautiful place and um we’re coming here on you know at the end of june 2021 we’re moving we’re um we’re keeping a base in sydney and uh we’re gonna spend a lot of time up here and there’s so many uh sort of interesting work options out here and uh look we’ll talk about some of those throughout the program so um this particular episode i hope you enjoyed it’s a bit different uh it’s been a while and i apologize i have i am a bit rusty uh but um let’s see how we go so what are we gonna talk about today well we’ve got some we’ve got some new villains um to talk about we’ve got some old villains who are coming back and uh let’s um well there’s the phone okay well we’ll cut a break there. okay well on the show today uh we’re going to i mentioned we’ve got some old and some new villains sorry there’s the camera we’ve got some old and some new villains so um

well this is going to surprise you, bunnings i’ve uh i’ll just run through the topics and then we’ll we’ll do a more detailed dive into them so bunnings and their gift cards this is uh property in the property area we’re going to catch up on a new villain we’ve got a new mate called matthew james taunton from um his business was called mbo estates um uh it’s now known as Abel Agency uh they’re out at the box hill in in sydney we’re going to catch up on hakan qatar got some news there uh Mahony law and john mahony and lore cover we’re going to talk on about them we’re going to catch up on the latest on ralph paligaru we’re not going to go too much into that because we’ll just give a general update we’re not going to talk about specific cases and we’re certainly not going to prejudice any cases but we’ll just have a quick update on the comings and goings of ralph paligaru um and Amreeta um um. Mohan Kumar. we’ll touch on him. philip beazley now he’s a lawyer john mahony is a lawyer as well but we’ve got phillip beazley who’s a lawyer for ah greg walker, so just very quickly we’re not going to slander anyone here but we’re going to quickly catch up on gregory uh john walker and karen v walker um. we’ve got an automotive um page a very good friend of mine is uh in the automotive business and um the automotive money lending business to be precise and uh some of you may know, i ruffled some feathers uh i um uh i wrote something and uh anyway i’ve got a tiny reaction so but uh look there’s there’s definitely smoke when you when you see smoke well there’s some often fire well there’s a lot of smoke here so uh we’re going to we’ll touch on about our website as well we’re doing some major revamp this is the benefit of finishing my law degree we’ll get heaps of time now so we can um uh sort of spend time getting some of these things right so yes there’s a motor dealers and an automotive page so we’re we’re very interested in shonky’s um in that uh in that line of business um. franchising um this is this is really uh what my uh my letter sort of touched a raw nerve wow. um okay but uh well we’re specifically talking about some changes to the franchise codes um i’ll give you links um in a moment uh we’ll very briefly touch on receivers um well liquidators and receivers are very quickly there we’ve got a little bit of news on our on our on our dear friends from Caernarvon Cherry and Bonny glen bernard and fiona hall um and uh. in the money business well we’re actually uh we’ve been doing some litigation funding for quite some time and so we are very very interested in the money space and uh our website you’ll see that um especially we’re certainly going to do something last year on tax debt lending um but uh watch this space because um we are very interested in in that and uh having just completed my law degree i did a lot of stuff on corporations law and um so the the tax debt uh lending is is more for company lending so um we’ve got a um we’ve got a business called dcp capital which we’ll talk about and there’ll be links in our website but uh uh coming out of covid and i’m sorry if that sounded insensitive i said that covid had been great uh it’s obviously been terrible and dreadful but um it’s um it’s changed the world uh there’s no doubt about that and uh coming out of it for better and worse um but uh coming out of it um uh well some some businesses um need help. so um you might wonder why do we do these blogs and um well we’re interested in people and we’re interested in you know people getting a fair crack and all the rest and um there’s many many businesses that um it’s now the 16th of june 2021.

i have no doubt that there’ll be a lot of activity with um our friends at the tax office and uh you know someone’s going to pay for the um you know the virus and uh generally that’s going to be done through the tax system in some way so we want to help people sort of meet their obligations um and so we’ve got a new product there. but in the money space we’ve got a um a company that has come to our attention called lightspeed lightspeed mortgage management i think they’re called and i’ll put up some links to lightspeed and i stumbled across this particular article i’m going to put a link to it is it’s very interesting i i um a friend of a friend

did some borrowing from well actually didn’t do the borrowing they got offered a loan from light speed but uh there were light speed in sending out the the court papers and uh

i’ll put up we’ll put up some information about these um these documents they’re quite stunning and this is we’ll explain how i speak to business and we’ll put in a link to the particular article that they caught my eye about lightspeed um and as i said we’re doing some work on our website now we are relocating um from sydney (to Orange) but we’re keeping a branch in sydney um and uh and i’ll certainly spend about four days a fortnight in sydney um and so what would that be about seven or eight days uh fortnight in orange and in the regions and getting work done uh so that i can come to sydney and um uh but you know there’s all sorts of opportunities oh sorry and back in orange um uh under our dcp capital arm uh there are some very very very good development opportunities so we’re putting together some funds some of you may know we had a litigation fund uh so we’re putting together some property funds and so there’s some very interesting uh there’s a information memorandum coming out in a few weeks so as i said this bit of a catch-up episode now we’ll get into the bunning situation. well it’s now actually the 2nd of july 2021, and um look for one reason or another we’re going to put all this content into uh episode 7 but uh we’ll just use this episode (episode 6) as a bit of a catch-up and uh i hope you enjoyed it so far um we talked about uh why they’ve been a huge delay for a couple of months between the last episode i think episode 5 we’ve just also published episode 4 um so look uh it’s been a hugely hugely busy time for me uh finishing studies um started in 2014 in february 2014 finishing those studies moving um place and you know in the last couple of days sydney’s gone into the lockdown uh so the timing probably uh really couldn’t be well it’s it’s terrible that the lockdown is very unfortunate but um uh getting out of sydney and at least for uh you know one at least the work part of the time out here in orange is you know a real opportunity so um we thought it was best to just publish the um this particular episode and then we’ll go on to season 1 episode 7 and we’ll talk about the bunning scam the uh catch up on some of our new and um emerging and some of our older villains uh which we’ll talk about in you know in much greater detail so uh tune in very very soon we’re going to start recording uh season 1 episode 7 very soon and uh that should hopefully be up in the next few days thanks very much, bye.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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Many R’s Podcast – S1E5

Podcast Mark Smith

Many R’s Podcast – S01E05 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/s1UAVaWYiok

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.

Public interest

The purpose of this podcast is not to ridicule or defame. Despite the light hearted manner of the presentation, the podcast is necessary to ventilate serious issues in the public interest. Mr. Mahony is on the roll of solicitors of the NSW Supreme Court and represents a number of persons including Ralph Paligaru purports to have connections to people in high public offices in Fiji – Cabinet Ministers having, he claims, attended Marist College as a Schoolboy in Fiji where he has said that he formed relationships with persons later coming to occupy, as I mentioned, high public offices in Fiji. It is believed that some of these connections include to persons within the Reserve Bank of FijiFiji Hardwood Corporation and a number of Government Departments.

It is believed therefore that some of this profile and other blog materials may be of public interest to those trading with persons and dealing with government officials, in some instances, in Fiji as well as interest to foreign persons providing aid, trade or other support to Fiji.

This profile may also be of interest to Australians – Australia contributes a substantial sum of aid to Fiji and naturally as a sovereign nation we have an interest in the good governance of the Country of Fiji – one of our closest neighbours together with an interest in efficient and proper utilisation of Australia’s Aid provided to Fiji.

Regrettably, Fiji, it is reported, has a problem with corruption along with other countries within the region.

This profile and other blog materials and article may also be in the public interest of persons from or interested in India.

The public interest of Australia may also be involved – Ralph and his former employer (discussed on this blog, a man named Mohan Kumar) lobbied and received Australian Visa’s and other legitimate benefits from officials and public office holders in Australia.

It is a matter of public record that Mr. Mahony has also represented Mohan Kumar.

john mahony 1
John Mahony – circa 2010

Season 1, Episode 5 will focus on:

The John Mahony catchup episode:

0:00​ Start – intro music

0:30​ introduction

5:40​ background – dealings with John Mahony

25:10​ conversation and commentary

1:05:36​ wrap up

1:06:47​ credits

To share this video: https://youtu.be/s1UAVaWYiok

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

Ralph’s timber mill – Dreketi

The below transcript indicates that Ralph has funds to buy the Dreketi Timber Mill but is unable to meet his monthly obligations.

Here are some recent photos of Dreketi Timber Mill operated by Ralph’s company.

  • dreketi mill

Transcript:

S01E05 podcast – transcript

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more a whole bunch of R. welcome to season one episode five of the many R’s podcast i’m your presenter mark smith of dc partner solutions and we’d love to hear from you come and join us on our website www.dcpartners.solutions/podcast

well g’day mark smith here it’s uh monday the 29th of march it’s been a very productive couple of months and uh very unique time so that australia’s in at the moment and now is certainly no exception um happy new year if we haven’t spoken to you this year it’s i’m not quite sure where we’ve been up to we’ve been meaning to do an episode or two and we’ve had loads and loads of um uh content and um i’ve actually been a busy boy uh still studying uh wrapping up my law degree and just started on what’s called practical legal training which is

keeping me very busy let’s put it that way so it’s been a very busy time and but please don’t think we’ve forgotten you um i actually talked to the ceo of a company the other day uh he’ll know who he is and um uh he was yeah he was saying he’d missed my blogs so um i found that very inspiring so uh you know who you are um well it’s this episode is dedicated to one man one man and um i’ll put up a picture in a moment i’ll make sure that you uh get the idea um he’s a wonderful man uh he’s a uh he’s a very experienced lawyer uh he overheard him telling someone that he’d been a lawyer uh since before that boy i’m sorry before that lawyer was was a boy uh and he wasn’t talking to me i’m not a lawyer okay um not yet uh studying uh i’m a student and um you never know one day uh but this bloke like certainly says i shouldn’t be one so uh when he when he talks uh i’m sure the whole world listens uh this is a lawyer that um he’s multi-skilled uh he’s he’s very much multi-skilled uh and we’ve got an unbelievable well i said unbelievable you must believe it okay you might find it hard to believe some of the stuff uh that you’re going to hear uh look i say these things on threat that um if i say something that’s untrue and uh well if you say something that’s true generally that’s a defense to defamation if i say uh ivan milat you’re a terrible murderer well he couldn’t sue me because uh he is in fact a terrible murderer and he’s dead but um and so i say various things on threat that that hey i might be sued um well but if i say something that’s true or or it’s substantially true uh then you know that’s that’s quite a defense so uh the things that i’m going to say when i say he’s a multi-skilled person and uh and all the rest uh you might find slightly hard some of these things slightly difficult to believe but i’m relying on the fact that what i’m telling you is true it is uh entirely true so we’re going to talk about a man called john mahony and this is a man who i first had dealings with in 2017 so um he

he’s not someone that’s new to me i’ve kept many thousands of emails uh you know um and i’ve got lots and lots of details i’m a very patient person as um as some people know and anyway without any further ado we’re going to get into the story of john mahony and his wonderful clients uh which include craig adams uh ralph paligaru uh amreta paligaru mohan kumar uh some people might know mohan kumar by another name but we’ll just refer to him as mohan kumar bargo developments now that was a one-time customer as well as well paid some bills anyway uh golden arrow international proprietary limited. there’s so many customers and this man is a genius he’s a genius the way he can manage all the conflicts and look after all the different interests of all the different people all at the one time simultaneously his i just can’t put it any more clearly this is a man with 40 years experience

or is he a man with one year experience 40 times? i don’t know i’m not experienced enough to say but i know he’s been around for a long time let’s put it that way mr mahony’s been around for a very very long time he’s uh a student uh he studied in 1975 i believe uh when uh i might have been in kindergarten he was uh he was out there at law school uh and uh paving the way and he’s had some all sorts of different life experiences uh look i would like to say something very nice and genuine and sincere uh mr mahony is a carer uh he is actually a carer for a uh uh for probably a very nice lady i’ve never i’ve never met her but uh his wife is um someone that’s uh uh well he cares for her so i congratulate him on that

and that might be the last nice thing i say about him but look i’m sure he’s uh

look i think we should get into the story so we’re going to turn over now and consider the uh circumstances of mr mahony and his wonderful law practice mahony law or mahony law at baulkham hills uh we’re going to review a relationship that we’ve had with a guy called john mahony, mahony law at baulkham hills in new south wales and um also we’re going to consider the relationship between ourselves and a couple of persons um called including bargo developments proprietary limited mohan kumar ralph paligaru craig adams and amreeta paligaru and reliance leasing proprietary limited um it’s uh it’s a long story uh it is a long story and uh this has gone on and on and on and on and on and uh it really i won’t say it started uh with a loan to ralph paligaru but i come in in a loan had been given to ralph paligaru interest free interest-free uh not a bad set of terms um for one year from over a hundred thousand dollars from about um august 2016 and uh i came in i became involved in maybe july late july to august 2017 and uh at the time i was doing some work for a company called reliance leasing uh reliance leasing is the lender ralph paligaru is the borrower and uh look the previous year ralph um had ralph still is today 28th of march he’s still the power of attorney for a bloke called mohan kumar and um normally when you’re a power of attorney uh the um document says uh you can’t benefit um you can’t um you can you can’t uh say sell the um the person’s uh the grantors they’re called uh the person that grants the power you can’t sell their assets say to your wife yeah ralph didn’t do that but you couldn’t do that and secretly benefit uh you’re there as a uh like a trustee i suppose um there to represent the uh interests of this mr kumar now it turns out in about october 2016 2015. i mean uh 2015 um uh the power of attorney is granted martin kumar hops on a plane at sydney uh gets off the plane at denpasar where police are waiting for him and uh i don’t know who known kumar is i’ve never met him but um the police are waiting for him and uh this this bloke kumar is allegedly another person he’s got allegedly another name and uh mohan kumar is taken off to india extradited and uh it’s 20 21 he still sits there in jail uh they say he’s uh the indian authorities say i don’t know this bloke is someone else um and um i don’t know i’ve never met him but um anyway we’ll see so ralph uh borrow some money a pair of attorneys granted kumar hops on a plane uh ralph then uh puts a piece of land up for sale 632 old northern road, dural and um he was he was supposed to do that and he did so along comes craig adams and uh you beauty craig adams um this is in early 2016. um craig adams uh says how about we buy 632 old northern road? i’ve got a great i’ve got a great idea says craig uh having a bite off you for um five and a half million dollars and uh his one and a half million down payment and you lend me the rest so um great idea great idea not um dennis english uh he’s a lawyer he’s a sydney-based lawyer uh tells ralph uh hey buddy don’t do this this is a really really poor idea uh it’s not gonna work uh tells him it’s i’m going from memory but uh uses words like fatally flawed it’ll never happen um and uh it’ll never happen meaning the other $4m million bucks will never be paid ralph in his wisdom uh mr mr dennis english says this is such a bad deal i’m having nothing to do with it. good on you dennis english great guy so um no seriously uh. sound advice so as it turned out uh the other $4m million bucks did not get paid maybe some of it got paid a little bit but not the other $4m million bucks is still outstanding now johnny i’m not saying he had anything to do with that part um this is uh the sale happens in about the 26th of may 2016. uh i’m not saying john mahony had anything to do with that but august 2016 a loan is granted by uh reliance leasing uh $115,000 or thereabouts to ralph interest free for one year so off you go ralph there you go free money for a year um and as i said i came in in well actually i came in in march of 2017 i get a call from uh reliance leasing saying oh can you help this bloke can you go and see him he’s got a few worries he can’t sleep at night um so i go and see one early early one morning i think it was the 27th of march 2017 i wander over to 88 perfection avenue, stanhope gardens and that’s the day i first meet ralph and i and he tells me the story he met this um met this chap called craig adams uh handed him the title deeds to this piece of land for $5.5m
million bucks and received the grand sum of $1.5m million dollars so um i i didn’t quite believe this so i asked ralph again so tell me where precisely is the deeds he’s given them he’s given the title due to the land to craig adams and and got $1.5m million bucks back on a piece of land that’s worth $5.5 million

so um look in my background uh i’ve worked for knight frank i’ve

bought and sold you know some real estate uh had an MBA at this point i’m actually studying law uh and what i’m hearing is not quite sounding correct so um and at that time i’ve worked for reliance leasing in finance and some other companies registering mortgages and you know helping out with some enforcement things uh and it i was studying uh real property at sydney uni at that particular time so uh it was obvious to me that um ralph who’s at this time the power of attorney for mr kumar, mr kumar has a significant problem uh his power of attorneys handed over the title deeds to solid gold real estate at um 632 old northern road dural to this guy craig adams uh and uh is out the door underwater for $4m
million bucks plus interest um so um it seems like a problem my immediate idea is how about we at the very least go register a caveat? make sure that the situation doesn’t get any worse so um i know nothing about what ralph’s really up to at this point until july or august 2017 and at that point uh the loan had already been uh granted in 2016 from reliance leasing (to ralph)and there was another party that was demanding money back from ralph and his wife uh that had loaned ralph money at least i’m going from memory here um uh well they had loaned money to from craig adams, bargo developments possibly a company called golden arrow proprietary limited who own a big development site in worrywood when i say big we’re talking $15m million bucks and another borrower borrowers were ralph and his wife and ralph didn’t tell me this in march 2017 but uh i find out in july that um ralph uh had guaranteed craig adams’s borrowings at this time i think it’s in the order of about $340,000? um yes i think that sounds right about $340,000. give or take

now i don’t know whether john manny advised on that i can’t say but i do know come to late july uh garry steinberg asks ralph uh to start paying interest on his interest free loan so ralph’s interest-free loan from august 2016 onwards it was a one-year deal it was interest-free for a year provide you pay back but after a year then the interest kicks in and um he’s less generous so it’s it’s about 17-18 percent per annum, still not extreme for a second or third mortgage but um but the interest free terms are over so um cut a long story short i don’t know if i can uh i don’t know if i can cut a long story short but um

is this sounding convoluted to you um?

so what does ralph do he goes and sees john mahony and here john mahony does start acting and uh at this point john mahony is doing work for the bill is going to craig adams so there is some john mahony prepares a deed that uh involves craig adams ralph paligaru amreeta paligaru and a brand new company like it had been set up for one two maybe three days called dural alliances proprietary limited and uh here john mahony does get involved uh and on top of this um i later find out that um at this very time um john mahony is a lawyer or mohan kumar so think about this 632 old northern road dural kumar’s a seller ralph is his power of attorney and the purchaser is craig adams craig adams puts down $1.5m million dollars mohan kumar gives craig adams a $4m million dollar loan and john mahony come august 17 is doing legal work for mohan kumar ralph paligaru, amreeta, craig adams bargo and

whether he’s doing work for craig adams, bargo and um golden arrow i can’t say but i can say that craig adams bargo and golden arrow are paying the bill and uh john at john mahony uh prepares a deed and this dude gives ralph an interest in

certainly in the uh warriewood site with 14 15 million dollars uh i believe it also gave him a direct capital interest in mr kumar’s land and mr kumar is the grantor of the power of attorney and later uh ralph and amreeta in both their names do go and put a caveat on the dural land for the money that they’ve lent to craig adams so uh in august this is a little bit convoluted i get that but in august 2017 to pay out 340 around about 340 000 that ralph’s under pressure for here he rolls over the reliance leasing line or he doesn’t pay it it is due in payable he doesn’t pay it and um and he stops paying well he wasn’t paying interest for the first year and at that point he doesn’t pay any more interest and come 2021 he’s paid no interest uh on a one-year deal from 2016 to 17 we’re now 2021 and he still hasn’t paid any interest and claims not to be insulted but um ralph borrow so that that loan’s not getting paid out but another loan that is under pressure uh that was given to um as i said to golden arrow um i mean it’s just unbelievable um i i need to probably show the relationships here

john mahony is advising and uh ralph goes and borrows 540 000 guaranteed by himself his wife and dural alliance he borrows 540 000 at an interest rate of wait for it 6% per month so garry steinberg’s lending him a hundred thousand interest-free which then goes to 18 per annum uh ralph borrows 540 000 at 6% interest a month now it’s three percent if it’s paid on time but six percent a month if you don’t pay it on time so you you do the math we’re talking about $30k something thousand dollars per month that’s not the principle that’s just the interest so um john mahony uh does this prepares this dude and i can show you the invoice i can show you the emails he doesn’t register a caveat on um on the warriewood property eventually ralph doesn’t get paid paid back the 540 000. someone else jumps the queue and they’re one of our friends that we’ve been talking about on this blog called apg australasian property group uh the director is a Maya Purushothaman i can’t say her surname it begins with p, Maya Purushothaman and ian jordan curiously today 2021 ralph has a company in fiji with and jordan

um trading in timber

uh so ralph somehow forgives them forgets? i don’t know but uh anyway johnny mahony does not register the caveat but in the process of um sorry i’ll explain ralph um mahony doesn’t register a caveat for ralph for this 540 thousand dollars that he’s buried at six percent interest per month he doesn’t register the caveat on

the warriewood property nor on 632 old northern road dural but john mahony does lift a caveat that mohan kumar the one that i put on uh in about the 27th of march 2017. john mahony only lifts that and uh well what happens from there well you skip a few steps i i’m telling you this is ridiculous but you skip a few steps and

the $4m million bucks the $4m million dollars that kumar loaned to craig adams uh come july 2019 uh is i’ll put it nicely plundered um by a whole bunch of people uh yeah i walked away with some of that money myself uh and i say i had a legal right to it and i had a registered security but a whole heap of other people to the tune of about 1.7 million ended up with money that um uh according to an affidavit of john mahony they weren’t entitled that’s according to mr money so mr mahony says that these people winning title mr mahony also does say in fairness that i wasn’t entitled yet he was not disagreeable to uh me walking out with close to $200,000 um from this mediation in say july 2019. so uh poor old mr kumar as uh john mahony client uh and ralph is his power of attorney uh poor mr kumar is is in a bad way so that’s part of the backstory it’s it’s long and i don’t expect everyone to be able to take it in but it is complex but uh there we have it so um there’s many other bits in between 2017 and 2021. many many but um and none of them are happy very few of them are happy and none of them are very good for mr kumar so oh

reliance leasing still hasn’t got their money back um and the people that ralph borrowed money from at six percent a month come uh about 2018 or i think yeah about 2018. um probably about july 2018 uh they sort of want it back and they never got it back from the warriewood sale because australasian property group jumped the queue mr mahony uh did the deed in august 2017 but for some reason waited until maybe he was instructed maybe he wasn’t i don’t know but uh mr mahony what we do know is that mr mahony had the capital interest in the warriewood property in august and he did uh put a caveat on the warriewood property in about november 2017 so that’s sort of light years possibly and it’s long enough to be postponed and in the end ralph never got back his 540 thousand dollars that he borrowed um in august 2017 and reliance is still waiting for their money because uh for a long many many reasons uh a withdrawal of cave it was given to mahony in early august 2017 and what i can say safely is that it was used. now what is in debate and you can go to my website and you can look at the cross claim uh reliance claims that they withdrew the authority to use that uh caveat and that there are text messages to that effect

but what we know is that it was handed over uh by john mahony so john i held the withdrawal of taken and john mahony handed it over in circumstances where there were certainly text messages saying no there needs to be extra security and um

i have to tread carefully because mr mahony a lawyer and it’s certainly written to me saying uh i’ve said vile and disgusting things about him i’ve actually put them into affidavits so that’s a different thing so look maybe what i can say is uh my affidavit uh annexes copies of text messages saying do not use this withdrawal of caveat uh because uh the loan to valuation ratio is unacceptably high in other words there’s no equity uh reliance claim to have withdrawn the mahony authority to use that but it’s still used anyway so that’s part of what the fight is about um from august 2017. now march 2021 uh this is just going on and on so uh on the 9th of february 2021, uh six weeks ago uh i’m sitting in a coffee shop with mr steinberg who is the director of uh reliance leasing uh he has at this point uh well before this he’s assigned the debt that ralph owed to reliance he’s assigned that to me and some litigation happened a deed was um was struck (March 2020). ralph signed it

the deed wasn’t complied with i got a judgment from the supreme court of new south wales about the 11th of september 2020 and um on about the 17th of september 2020 uh the bankruptcy notice a bankruptcy notice and the judgment were uh handed over to ralph he was served a bankruptcy notice and so um we get a phone call i’m sitting next to garry steinberg he at this point has sold the debt uh assigned it to me in september 19. and litigation has gone on deeds have ended have been entered uh judgments have been given bankruptcy notices have been served and for some reason john only doesn’t ring me who is the owner of this debt he rings

the former owner the former owner he rings the former owner i can say uh john mahony has sent emails to the former owner mr steinberg in late – correction late 2017 – telling him to the effect oh you better make mark smith go away or you’ll be implicated now john mahony as i said a lawyer for 40 years is using words saying if if you don’t make mark smith go away you’ll be implicated implicated implicated in what um well have a look at what the word implicated means but it has a specific uh meaning and john mahony as a lawyer ought to know precisely what that means and it’s not herarsay this is uh these the word implicated is used in emails true from john mahony to garry steinberg saying you know more or less if mark smith doesn’t uh to quote john mahony uh if if mark smith doesn’t pull his effing head in uh you’ll be implicated uh garry you’ll be implicated so i’m not sure what the uh former owner can do come the 9th of february 2021 but let’s have a listen to a conversation that john mahony says never happened

all right we’re going to now have a listen to a conversation that apparently never took place uh and we’ll listen to this and we’ll also as we’re going through this we’ll note the parts of the email between mr between myself and mr mahony and uh and his reply uh and noticing his reply he replies back to the legal services commissioner (OLSC)of new south wales so that’s that’s the person that gives a lawyer here’s um his ticket uh john mahony his ticket um now i will apologize uh the start the very first 20 seconds or so of the uh the recording uh is not present um it wasn’t recorded uh it certainly started with um uh which i heard uh started with the words grim uh john mahony when he rings uh garry steinberg refers to uh gary as ‘grim’ which uh is short for grim reaper hey grim reaper um do us a favor so on this particular day uh john mahony had been threatening a lawsuit against um garry and his company reliance leasing give me mine gary gary sold his debt uh uh in uh september 2019 and this is uh on the ninth of february uh john mahony threatening to sue gary for a loan that he sold like 18 months before so let’s have a listen to the audio and um and you can also have a look at we’ll go through mr mahony reply uh when he says various things like oh no i didn’t say that um let’s and we might stop this at various points now i apologize the first 30 seconds or so is not very good quality but we do provide a transcript as well so um that will be available and you can probably see the transcript on the bottom of the screen here in youtube listen away

… wrote. Its assigned to Smith. And he’s now suing Ralph.

Right ….
That being the case, we’ve got no choice other than to sue you because you haven’t paid Smith the money that you’ve agreed to lend to Ralph to get rid of the debt.

Right

So, I don’t want to do that, obviously, so- …. Now thats John Mahony talking

in long sentences and gary’s uh i’m sitting right next door to uh to gary like you know a couple of feet maybe uh i’ve got very good hearing i’ve got i can hear let’s continue

Mahony: um- can you get Smith to pull his f’ing head in and voluntarily agree to set aside the judgment and bankruptcy notice?

Garry: yeah so that’s gary oh sorry john had just talked and gary said yeah okay so keep going so this is a conversation and it did happen on the 9th of uh february i apologize this we were in a cafe um i’ll keep going. Garry: okay when i spoke to mark last time he wanted to see if ralph was going to start making any payment because nothing’s happened all our copies of abuse from his daughter the deed was uh done in the 11th of march 2020, ralph was required to start making payments of around about 2 000 a month from 30 days after when he sold his property so he went and sold his property uh this is what he wanted he went to the court to get permission to do this and and the court gave him that permission uh he and from may 2020

the house settled about the 3rd of may maybe the 4th so 30 days after that is the

say the early june we started to draw the direct debits ralph gave signed a direct debit authority uh so we’re entitled my company is entitled to be drawing those and let’s continue and none of these direct debits are being paid so that’s from june and this conversation happens in february the next year and this is on top of the period from 17 to 2021 there hasn’t been any money paid at all uh not the the interest installments so this is not the usual conduct you have with a home loan let’s continue gary was just talking about the conversation the abusive conversation uh he had received from ralph’s daughter, mind you she’s texting me at midnight on a saturday night as well so yeah did you hear about that? No, no. okay i won’t even bore you with it um and i think once that happens we get him on an established payment regime we could probably do something for that but mark smith said to me that he didn’t think ralph was ever going to pay.

Well, uh that’s- why would he then proceed to bankrupt him because that then releases Ralph from his debt?

no it doesn’t if you bankrupt a person uh it means they are completely replaced all their assets are vested in a trustee in bankruptcy and uh you’ll make it here believe it or not that ralph’s out there trying to buy a timber mill he can’t find two thousand dollars a month but he’s out there buying a timber mill in fiji uh so john, i don’t quite follow your logic um there’s a difference between wanting to pay and being obliged to pay and i don’t think john’s quite picking up on that uh so he says well why would i bankrupt ralph ralph’s not paying ralph refuses to pay yet he’s out there trying to buy timber mills

why would you spend money to bring about what he- what he thinks is actually the case? Whilstever Ralph stay solvent theres a chance that he will pay…uh

Whilst ever Ralph stay solvent? that’s interesting does route does john mahony think that ralph is solvent?

if he is solvent then why isn’t he paying his monthly installments?

ah okay sorry some another light bulb’s just gone on

Garry: yeah well i wanted to stay solvent too

yeah- well i mean otherwise-otherwise- what is the story between you and Smith as regards that money?

Smith didn’t lend it Ralph, you lent it to Ralph.

Smith is now claiming it as his own.

I mean- you aren’t getting 5 cents to the dollar from Smith or something are you?

Garry: my arrangement is that um anything over 90 days in arrears i sell to mark and then he collects and we have an arrangement on the settlement side so that’s what happened with ralph because it was like 12 months in arrears he took over the debt which i

12 months that’s wishful thinking i took it over in uh i took it over in uh september 19

this had been granted in august 16.

uh so that i’ll make that about three years

i signed i did assign a lot of the documentation to him

i don’t think there was any doubt that you assigned the debt to him. he did

Mahony: and gave him the right to put his own caveat on Ralph’s house before Ralph’s house was sold. And ofcourse when everybody entered into that deed in March last year everyone thought the house was going to be loud noise for about $1.4m

no the only people that thought that was john mahony and and ralph paligaru we’d seen valuations that was worth 1.225 and it sold for $1.215m john mahony he’s not an expert in property we used valuers and everyone thought it was worth 1.4 i don’t think so

Mahony: and that was about the time that was the start of Covid – that was about the time the bottom fell out of the market, one of the mark up um half a day sold for 1.2 therefore the everyone then knew at settlement that the deed that had been signed 2 months before couldn’t be complied with because …

Ralph signed it. John Mahony advised on it. Not everyone knew that it couldn’t be complied with. Ah, we’d complied.

there wasn’t going to be $65,000 coming from the sale. In fact Ralph had to pay money from his own pocket to make the sale happen.

So he had a negative result as opposed to a positive result. Smith and everyone knew that,

Smith cooperated and eventually after screwing 8000 bucks away to the agent, Smith handed over the withdrawal of the caveat.

And then, on that basis of um he um he knew exactly what was going on.

And then there was various conversations between you and Ralph and Smith about the so-called bullsh*t agreement that he put together in Fiji- some heads of agreement something- and then eventually

various conversations. let’s just various conversations john mahony says this is on the 9th of february 2021. 9th of february 2021. there was various conversations let’s just go back this is very very critical because we’re going to have a look at ralph’s uh affidavit and he says nothing about the various conversations he just says there was a moment where ralph was so uh had something put in front of him take it or leave it let’s just go back and we’ll re-listen to that about various conversations this is john mahony own words that were various conversations see if you hear it

Mahony: on that basis of um he um he knew exactly what was going on. And then there was various conversations between you and Ralph and Smith about the so-called bullsh*t agreement that he put together in Fiji- some heads of agreement something- and then eventually on the 26th of May there was a loan agreement which says very clearly that its the money thats required to pay out the loan that has been assigned to Smith.

The logic …

so there was various, various conversations so there wasn’t just take it or leave it conversation there was various conversations now john mahony has obligations and we’ll we’ll have a look here let’s let’s just go to this various conversations um uh on 10th of uh february uh he …. there’s a conv there’s references to tim who’s a lawyer but there’s he calls me a homewrecker. it’s my fault it’s my fault that uh ralph went and borrowed money at six percent a month and lost his family home i mean it’s very sad but um it’s my fault i’m a home wrecker uh this is the uh correspondence from john mahony office on the 12th so i wrote to him on the sixth it says you call me a terrorist

you said i’m a home wrecker and a terrorist who will never be admitted to practice law wow um

and look there’s a whole bunch of conversations he he says uh i accuse him of saying tim i accuse mahony of saying tim is as much a a-hole as me and um mahony who’s a lawyer is talking to garry steinberg who is someone else’s client the client of tim horne and the topic of this email is various further direct contact and threats the threats are well we’re going to sue you uh you’ve already heard that right back at the very beginning of this conversation that we’ve heard uh he says that you know we’re going to have to sue you and he’s now talking about he’s just about to talk on this tape about this sham uh loan document the date of the 26th of may 2020 um to pay up me. of which i received zero dollars and zero cents in reply uh mr and this is the the important bit is here about the various conversations mr mahony in the transcripts three weeks before ralph signs this uh affidavit says what i just what you just heard and then there were various conversations between you and ralph about this so-called bullsh!t agreement some heads of agreement

various conversations now did i photo i don’t think you can photoshop audio but did your ears not hear that i don’t know um

look, dealing with others make any statements grossly uh you know it’s repeatedly threatened my (future) practicing certificate uh communicating with other people’s clients like tim’s clients. once you know that uh if you’re a lawyer once you know that someone else is acting for a particular person and uh mahony knew

18 months before and this is this is not the first conversation solicitor have a look at this this is a great rule this one these are rules from the australian solicitors conduct rules a solicitor must not must not must not doesn’t leave a lot of room for wriggling must not advise or suggest a witness that to us to witness that ralph’s witness he must not advise or suggest to a witness that false or misleading evidence should be given now i’m not saying that uh i’m not saying that mahony suggested that false evidence be given i’m not suggesting that but here’s the clincher nor condone another person doing so (e.g. Ralph doing so).
so a solicitor must not condone another person suggesting to a witness that false or misleading evidence should be given

mr mahony knew that there was various conversations and we’ll go to the affidavit of the 2nd of march. um is he condoning false material in ralph’s affidavit? i don’t know? i mean this is all part of a complaint responsible use of the court process frankness a solicitor must not deceive or knowingly or recklessly mislead the

court

a solicitor representing a client that is before the court must not act as a mere mouthpiece

and must and must exercise forensic judgment during the course during the case independently after the appropriate consideration of the clients and the instructing solicitors so our friend mr mahony he’s not just the mouthpiece of ralph paligaru he has to must must exercise the forensic judgment during the case independently so yes he’s the lawyer, he still must exercise forensic judgment and according to mr mahony. oh he must be open and frank in his dealings with the legal services commissioner the solicitor must furnish in writing a full and accurate account of his or her conduct in relation to the matter.

can’t wait can’t wait to see the full and accurate account of his conduct.

after he got my email he he then wrote to the he wrote back to me and copied it to the legal services commissioner saying yes indeed this is a matter that the legal services commissioner should investigate and then he goes on and he he replies and says uh no i never uh the comments attributed to me were not made they weren’t made he never said anything about various conversations uh i was not aware tim horne acts for reliance really? i mean wait until you hear what he says tim’s a as big an a-hole he can’t have mediation

and yet the rule says the rule says dealing with regulatory authorities subject only to his or her duty to his client so there’s some privilege this that’s true a solicitor must be open and frank with his in his dealings his or her dealings with the regulatory authority this is the conduct rules 43.2 the solicitor must furnish in writing a full and accurate account of his or her conduct in the matter your beauty all right that let’s see how full and accurate this is part of the reason for this uh uh podcast

wouldn’t it be nice if mr uh mahony does a full and accurate account and says oh sorry mark smith was telling the truth that’d be nice wouldn’t it?

Mahony: is to and the Barrister quite rightly agrees …..

Mahony: the money thats required to pay out the loan that has been assigned to Smith.

The logic is to and the Barrister quite rightly agrees is that we may not have um a- we said we might not have …. We still reckon we have a claim against Smith to set aside the judgment but the fact is we have got a better claim against you because you lent

um so that’s a threat right and uh he’s got he’s making threats to the client of someone else so tim horne is garry’s lawyer and he’s saying well we reckon we’ve got a better claim against you

and this is over this sham 26th of may loan agreement that says uh garry will we’ll look at the document let’s just keep going with the audio

Mahony: to Ralph money under this loan agreements that you are required to pay us so you should have paid him and him pay Ralph and you should have paid Smith. So you breached your contract with Ralph by not paying the money to Smith and pissing him off.

So I mean um- Ralph is quite happy to continue … allow the loans with you in May last year to continue on but you can’t- can’t do that if he goes bankrupt – can he?.

he can’t do that if he goes bankrupt …. so he wants the arrangement with you to go on the the may one he doesn’t want the deed of the 20 of the 11th of march 2020 to go on he doesn’t want that to go on nor the judgment he wants the sham refinancing to go on but he can’t do that if he goes bankrupt can he

And if you are not prepared to make Smith go away

so you have to make smith go away

there’s a bankruptcy notice been issued in september 2019 at 2020 uh 17th it was served saying ralph hey you need to pay me i’m the one with the judgment you need to pay mark smith 106551 but uh mahony saying you need to make smith go away

so it’s garry’s problem but hang on garry loaned the money in in 16 for one year interest-free

it wasn’t paid back the cave it was was withdrawn ralph never got his money from the warriewood property apg got it. ralph then goes and does a settlement with apg on behalf of mr kumar, apg walk out with seven hundred thousand dollars or something like that? ralph then goes into business with and jordan in fiji selling timber?

this is this is quite fabulous isn’t it but it’s GARRY’S fault you it’s your fault gary because you didn’t lend the money to pay smith even though five years before that uh four years or whatever it was uh gary uh paligaru took out an interest-free loan we don’t know where the hundred and six thousand is hundred and fifteen thousand it’s in ralph’s pocket but it’s your fault garry that you didn’t give the money to smith

Mahony: And if you are not prepared to make Smith go away on the basis that Ralph is still going to pay this money to you (whispering)

If you’re not prepared to pay the money to Smith? pay what money to smith there is no money. ralph hasn’t paid it (the 2016 loan back) now i’m whispering in his ear at this time saying oh go get some security on this timber mill he’s buying a timber mill but he can’t pay two thousand bucks a month the timber mill’s worth a million fiji dollars or four million the debt on it is like five seven million fiji dollars uh yet ralph can’t find two thousand a month to pay his obligations he signed a deed.

Mahony: under the loan agreement then Ralph’s got no choice if he wants to survive than to sue you.

Ralph’s got no choice but to sue you? is this sounding weird?

Garry: Let me see what i can do …

ah now this is where tim yeah let’s let’s let’s have a look at mr mahony exact words his exact words i was not oh well maybe maybe we’ll we’ll go back so this is this conversation happened on the 9th on the 10th i write and say this afternoon you have written to mr uh steinberg knowing that tim continues to represent him and provided the attached letter i believe garry informed you yesterday that he had a lawyer tim and that you ought to be speaking with tim that’s tim horne of uh horne legal who would facilitate mediation now i know precisely what’s on the recording and i write this to mahony the day after the recording and mahony writes back oh and i copy this to the professional standards department complaints at the law society and the office of legal services commissioner

now i never forced um mahony to hit reply all mahony and and as i said there’s an obligation here rule 43 dealing with regulatory authorities the solicitor must be open and frank so you tell me in his dealings his or her deals the solicitor must furnish in writing a full and accurate account so in reply what does he say john mahony the 12th so he’s had two days to think about it i write to him the conversation’s on the

9th on the 10th late in the afternoon i write to him and say hang on you’re writing to garry you know he’s got a solicitor he writes back and says dear mr smith let’s copy to tim horne

here’s a clue it’s copied to tim horne
i never knew you had a …. i never knew uh tim horne acted for reliance leasing he’s written to tim horne

and you’re about to listen to what you hear oh you’ll hear what you hear i was not aware tim horne asked for reliance as far as i was aware the last solicitor again it is not up to you to advise me who does or does not act for reliance at the time of this dictation the 10th i’ve heard from no solicitor advising me that he or she acts

tim saying i’ve heard from no solicitor well let’s let’s just play and you can listen and you’ll be the judge whether tim is a solicitor for um reliance or not so i’ll just take it back a smidgen

okay let me see what i can do is it worthwhile yeah yeah yeah

absolutely is it worth while you are talking to tim and trying to do some type of mediation

No, no, no um it’s- I can’t talk to him, he is just as much of an arsehole as- as Smith is and uh it is just a waste of time talking to those pricks.

Um but all I am saying is if we don’t know what is going on and before Ralph goes bankrupt he is going to have to sue you –

um so that sounds like another threat? if you don’t know what’s going on before ralph goes bankrupt he’s going to have to sue you? but hang on he just said is it worthwhile uh tim, is it worthwhile having a mediation how’s tim going to do a mediation if he doesn’t act for reliance leasing?

now i accused him two days before i believe you informed did you have a conversation with garry and say does distasteful things about tim?

did you say tim is as much an [ __ ] as smith you declined to speak with garry and my lawyer

tim was acting for both of us is. it true? he writes back and says uh no: the comments attributed to me

to me by you to an alleged conversation i had has contained the first second and third lines were not made by me

so let’s have a look at the first second and third lines

i don’t know how big his screen is or maybe he’s talking about the first second and third paragraphs i don’t know?

what do you reckon if john mahony? do you want him handling your matters?

we’re mates we’re buddies i’m ringing you up and saying we’re going to sue you but we’re mates i don’t want to have to do that this is going to hurt me more than it hurts you

Mahony: it’s a waste of time talking to those pricks it’s a waste of time talking to those pricks tim horne, solicitor’s conduct rule you must be courteous that’s a great one frankness independence it mustn’t be the mouthpiece conflicts concerning former clients uh well formerly there’s this lifting of the caveat issue uh

rule 4 now this is actually the first rule in this solicitors conduct rules um a solicitor must these are fundamental ethical duties act in the best interest of his client in which the solicitor represents okay i don’t have a problem with that the must be honest and courteous in all dealings no i’m not a solicitor by the way um but mahony is. must deliver services legal services competently diligently and as promptly as reasonably reasonably possible avoid any compromise to their integrity avoid any compromise like talking to someone else’s client?

or making threats

Mahony: …. if we don’t know what is going on and before Ralph goes bankrupt he is going to have to sue you –
Garry: Okay Yeah alright I said i’ll give you that-

Mahony: and I don’t want to do that because we are mates.

I am just giving you the heads up.

Mahony: What you have to do is say to Smith, I have got Ralph tied up to pay the money to me and once he pays me I’ll pay you and in the meantime, um, just get rid of all these judgments- get rid of this judgment and get rid of the bankruptcy notice and- and move on

so in other words lean on mark smith. mark smith’s   got a judgment but lean on him okay but john as a mate and this is off the record i mean this is going on and on and on and we seem to be going from disaster to disaster now we’ve had a storm over and the mill’s

Oh yeah yeah well Ralph’s over there at the moment he’s been over there the last 2 or 3 months

yeah it seems to be one disaster after the other okay so john mahony about to say he can find the money to buy a timber mill the bank’s giving it away for nothing i’ve seen the documents. so that’s a representation okay that’s a representation. i’ve seen the documents uh they’re going to give it away for nothing next to nothing pardon me but you can’t find two thousand dollars a month to pay mark smith

Well he can’t- he can’t help that

no no i understand that

and it is true there was a cyclone and uh look parts of

i’ll put up the photos of the timber mill there you can google dreketi mill d-r-e-k-e-t-i kitty mill ralph paligaru

and you’ll see the photos of the timber mill uh

it did suffer some damage

ralph didn’t repair the damage by the way it’s one of these obligations in the lease

Mahony:
He is putting- he is putting- yeah it actually might turn out okay he thinks because of the storm, he will be able to purchase um from the bank, the whole mill, for next to nothing.

He’ll be able to purchase the whole mill from the bank for next to nothing?

so ralph’s got money to buy a timber mill but frankly kiss my ass uh you’re not getting your 2 000 a month now i think he goes on to say I’ve seen the documents so let’s

listen

and he is got a programme now where he is going to um … theres been the storm and a flood and the whole road was washed out.

but i have seen the correspondence between Ralph and um the bank in Fiji and they are going to basically give him the mill to get rid of it because it is worth next to nothing.

So he can- that will actually work out well for him …

freehold land makes up about nine percent of the fijian landmass the rest is native title or crown land so land with a timber mill and a highway frontage and it’s crown land and it’s like five or ten acres or something they’re going to give it away for next to nothing it’s worth next to nothing this is the same person that said ralph’s house is worth 1.4 million dollars john mahony himself real estate expert said 1.4 you’ve got to get at least 1.4 for the house 88 perfection avenue stanhope gardens let’s go back and just listen to that last five seconds again the lands i’ve seen the documents from the bank the the mortgages are possession by the way that’s usually not a good thing and ralph’s the tenant

Mahony: um the bank in Fiji and they are going to basically give him the mill to get rid of it because it is worth next to nothing.

So he can- that will actually work out well for him because he will be able to purchase it for next to nothing and he will then start putting in a mill and eventually build the whole thing up …

how’s he going to purchase if you can’t find two thousand dollars a month

how are you going to purchase a timber mill crown not crown land um freehold land for next to nothing

and eventually build the whole thing up … (whisper)

ah that’s my voice – ask for security on that this land he buys for next to nothing it’s got a timber mill on it it’s like five acres with a highway frontage he’s that mahony’s seen the documents, made a representation i’ve seen the documents they’re going to give it to him for next to nothing the bank the mortgagee in possession? the mortgage in possession is going to give to the tenant who never paid his rent they’re going to give it away for next to nothing? really? why are they mortgagee in possession?

why are they why are they doing a mortgagee sale? if they want to give it away why don’t they just give it away for next to nothing if uh if that was their intention

Mahony: If he goes bankrupt in Australia it means next to nothing to him in Fiji

if he goes bankrupt, doesn’t matter it means next to nothing?

you wait until you hear what these representations he makes says ralph’s safe, earning a good income and living the life of riley

yeah he’s living the life of riley, he’s got no repayments it doesn’t have to doesn’t have to yeah maybe well he’s not in fact he’s not paying his payments but   haven’t you listened with your own ears

let’s just go back and we’ll re-listen to that Mahony: If he goes bankrupt in Australia it means next to nothing to him in Fiji

he will just friggen stay in Fiji because

if he goes bankrupt he’ll just friggen stay in fiji that sounds like uh you’re trying to defeat your creditors there? and this is this is a lawyer

speaking to the legal opponent, i’m going to sue you he’s got no choice but to sue you you, he’ll just friggen stay in fiji if he goes bankrupt

so in other words you’ll never you’ll never see him again he’ll never return

Mahony: I don’t know what he and his daughter talked to you about but Smith has basically destroyed the marriage between Ralph and his wife, Amreeta,

smith’s basically destroyed the marriage

yeah. so as i said i i caused him to borrow money at six percent a month Mahony: i wouldn’t be surprised if you never saw ralph again quite frankly

Garry: that’s my concern

Mahony: But, he does want to come back to Australia. I know that.

so he’s staying away. he wants to come back, but he’s choosing to be away.

that is an act of bankruptcy (s40 Bankruptcy Act).
thanks john, really nicely said.

Mahony: But if you bankrupt him, that will give him every incentive to stay there

his marriage is basically finished- his family is doing um in fiji

but he is safe and making money in Fiji and living the life of Riley.

Why would he come back if you guys bankrupt him here?

he’s safe and making money in fiji living the life of riley. why would he come back?

so he’s choosing to have sent himself have a look at uh s40 of the bankruptcy act choosing to absent himself

So it is – this is all Smith doing because he is a bull at a gate and he is using blackmail for terror tactics

blackmail and terror tactics?

so holding someone to their obligations? the banks are they terrorists? do they is they guilty of blackmailing people that don’t pay their bills?
blackmail and terror tactics let’s just go back

blackmail so he served a bankruptcy notice blackmail

independence must exercise the forensic judgment called for during you know during the case independently after considering the client’s instructions

responsible

let’s take care

solicitor must take care to ensure that the solicitor’s advice to invoke the coercive powers of the court is not principally in order to gain to harass or embarrass someone and he’s not principally in order to gain some collateral advantage for his client

blackmail and terror tactics or the solicitor or the instructing solicitor out of court

and then i say this is what i say to the office of legal services commissioner and i copy this to these guys called ypol whoever these people are t price YPOL they’re a group of solicitors oh law cover so that’s uh the professional indemnity insurances for uh Mahony law the outcome of this matter has bearing on mr mahony’s personal interest and a claim previously filed so we previously filed and it’s attached YPOL are the lawyers acting on the record for law cover. those proceedings are to follow resolution of the paligaru matter and realizing of a loss so john mahony said well why would we bankrupt ralph uh we we just want to bring it to an end this has been going on for five years, that’s good enough reason. the court process is under the summons are we say to gain a collateral advantage to the instructions instructing solicitor so this is a responsible this is the conduct rules 21.1.4. a solicitor must not do that that must not use the coercive powers of the court to gain a commercial advantage

a solicitor must take all necessary steps to correct a false statement to an opponent

must not knowingly make a false statement to the opponent

dealing with others must not make statements which grossly exceed the the legitimate assertion of the rights of his client or mislead or intimidate someone, well we’re going to sue you

let’s not threaten disciplinary proceedings against the other person must not use tactics that go beyond legitimate advocacy to embarrass or frustrate another person okay blackmail and terror tactics let’s go back and listen to that so this is this is addressed to me, he knows that uh garry talks to me he didn’t know probably that i was listening in but let’s let’s continue on and keep in mind these uh you know you can’t do things to mislead or intimidate or uh threaten uh criminal or disciplinary proceedings like in other words when you write back to the law society as uh john mahony did

knowing that uh i’m a law student have a

listen

Mahony: his marriage is basically finished- his family is doing um in fiji

but he is safe and making money in Fiji and living the life of Riley.

Why would he come back if you guys bankrupt him here?

So it is – this is all Smith doing because he is a bull at a gate and he is using blackmail for terror tactics and that’s – that’s his modus operandi we understand that- that’s why he will never be a lawyer.

But the fact is he is killing you and

I don’t give a f*ck about Smith but you are my mate.

mark’s killing you. collecting collecting money for a money lender is killing garry

now you’ve just heard garry said well i’ve got i’ve got a lawyer called tim but he’s still he goes on and makes all these representations after he knew two minutes ago that uh he had a lawyer who’s his biggest big [ __ ] as mark smith

Mahony: I want to look after you.

I’ll work with Ralph…

i want to look after you gary. i’ll work with ralph to make sure even though he hasn’t paid he hasn’t made his payments since 2016 i’ll work with him representation i’m making a representation

Mahony: I’ll work with Ralph to make sure he pays but ….

I’ll work with Ralph – to make sure he pays. Let’s go back and listen to that again. You’re my mate.

Mahony: I’ll work with Ralph to make sure he pays as long as he knows he’s not going to go bankrupt so whenever you’re trying to bankrupt him this is another act of bankruptcy by the way section 40 of the bankruptcy act uh if you tell if you if you send your lawyer in to bat for you and say uh ralph’s not paying unless you tell smith to pull his friggen head in

Garry: He won’t go bankrupt, he won’t go bankrupt.
Mahony: No he will- he will on the middle of march certainly mid-march smith will go full steam ahead

that’s why i am spending hours of my time now to stop this thing dead… um-

Garry: Okay I’ll have- I’ll have a talk he won’t go for sure

You’ll have to come back to me really quick because otherwise we are going to have to turn our counsel on you i bet you copy that agreement too.

I’ll get you a copy of that agreement too

Yeah beautiful yeah – i mean i appreciate that it has been assigned

we have probably agreed on- i’m sure that is the case- but you need to speak to Smith and make him pull out of this

you need to speak to smith and make him pull out make him he’s got a judgment of the supreme court but we’re leaning on you gary remember that hundred and six hundred and fifteen thousand from 2016 you need to tell smith Mahony: if he doesn’t do this voluntarily and If i dont hear by the end of the week the barristers will be prepared to claim … because we’re just going to have to file

if you don’t make smith go away the barristers are going to claim against you garry, not smith you okay talk to you soon

Garry: there you go you got it straight from the horse’s mouth so we’re going to end that part there that speaks for itself and i’ll wrap up in a separate video in a moment well what did what did you reckon about that uh have you had any experiences with uh john mahony has he acted for you has he acted against you uh are you another lawyer uh do you have you found mr mahony good to deal with uh have you had a different experience uh i’d really love to hear from you uh on our website uh you’ll see just over my shoulder here um it’s got our it’s got our web page uh

www.dcpartners.solutions/podcast and we’ve got an instant message chat tool which is down in the bottom uh right of the screen and you can chat with us and uh we would really love to hear from you or you could give us a call anytime 1300 327 123 we’d really like to talk to you um if maybe maybe you’re also a client and uh you had some involvement in um 632 old northern road or you’ve owed money by anyone that we’ve mentioned today um it could be i don’t know i don’t know what the circumstances are but we would love to hear some more so we’d love to continue the conversation www.dcpartners.solutions/podcast um my name’s mark smith you can ring us anytime if you’ve got any questions uh you’ve got any comments uh again we’d love to hear thank you very much for tuning in season 1 episode 5 of the many r’s podcast

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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Ralph – family and friends

Ralph and wife Amreeta were in business together via a company named Dural Alliances Pty Ltd (in liquidation).

Ralph Paligaru remains (as at 17/2/2021) the power of attorney for Mohan Kumar, reportedly Mohan Kumar is actually Chhota Rajan a notorious Indian Gangster and convicted murderer – Rajendra Sadashiv Nikalje.

Moreover, Ralph Paligaru was employed by Mohan Kumar for many years at 632 Old Northern Rd Dural Australia all the while knowing Mohan Kumar is actually Chhota Rajan a notorious Indian Gangster and convicted murderer – Rajendra Sadashiv Nikalje.

It is believed that all along Mrs Amreeta Paligaru was well aware of her husband Ralph’s connections.

Ralph’s lawyer John Mahony admitted in writing that Ralph was employed as Mohan Kumar’s Australian manager – click to view confirmation document.

John Mahony is also the lawyer for Amreeta and Mohan Kumar.

To view the profile of Mohan Kumar – click link here.

Please enjoy the following Paligaru family happy snaps (all sourced via Google, Facebook or similar). If you have other family photo’s that you’d like to share, please use the form below to upload.

See below to add the Paligaru as friends on Facebook or follow on Twitter.

Feel free to add as friends, follow or like any of the following public profiles:

Ralph Paligaru (Twitter): https://twitter.com/ralphpaligaru?lang=en

Amreeta Paligaru: https://www.facebook.com/amreeta.paligaru

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, more family photos, files or information about any person mentioned on this page – please use the instant chat tools – bottom right corner or the contact/tipoff form below:

Amreeta Paligaru – profile

amreeta paligaru

Amreeta Paligaru is the wife of Ralph Paligaru, the former employee of Mohan Kumar aka Chhota Rajan aka Rajendra Sadashiv Nikalje.

Amreeta is the 50% shareholder in Dural Alliances Pty Ltd (in liquidation).

Amreeta‘s lawyer is John Mahony of Mahony Law – also the lawyer for Craig Adams, Bargo Developments, Mohan Kumar and possibly others?

Amreeta is the brother of Davendar Deodiscussed elsewhere on this blog.

Amreeta, Ralph and their company Dural Alliances borrowed the sum of $540,000 from Franklin Yeezy Holdings Pty Ltd to loan to Craig Adams. Amreeta entered later entered into a document entitled Deed of Forbearance – click here to view.

Fact Check

… I have nothing to do with Mr. Kumar, Dural etc. I don’t understand why we are on your blogs?

Amreeta Paligaru, 16 February 2021, WhatsApp, 10.06pm.

Amreeta messaged me a number of times this evening (16/2/2021) through Whatsapp, Facebook and on other platforms, amongst other things writing:

… I have nothing to do with Mr. Kumar, Dural etc. I don’t understand why we are on your blogs.

Is this true?

According to clause 5 of the Schedule, Ralph Paligaru warrants that effectively he and Amreeta borrowed $540,000 against their own family home ….

so as to benefit Mohan Kumar as his principal.

Amreeta must have known that she either did or did not enter into the Franklin Yeezy borrowings “to benefit Mohan Kumar”?

Ultimately, Amreeta (and Ralph) received $500,000 of Mr. Kumar’s money in the Kesinda proceedings which they applied toward’s legal expenses from the Kesinda proceedings with a sum in the hundreds of thousands of dollars (of Mr. Kumar’s funds) used to reduce Ralph & Amreeta‘s own mortgage.

The writer finds this puzzling?

Puzzling?

Why does Amreeta (and Ralph) need to borrow $540,000 (at 6% a month) just to benefit Mohan Kumar?

Mohan Kumar was the unpaid vendor of the property at 632 Old Northern Rd, Dural – owed $4m by Craig Adams.

Why if Amreeta (and Ralph) wanted to benefit Mohan Kumar didn’t they just work to get Craig Adams to pay the $4m of unpaid vendor money?

If Amreeta (and Ralph) wanted to benefit Mohan Kumar, why didn’t they just enter a JV in Mohan Kumar‘s own name with Craig Adams for the proposed private hospital?

Did Ralph hold the Heads of Agreement between himself and Craig Adams on trust for the benefit of Mohan Kumar?

Mr. Kumar is and was at the time a foreigner.

According to the warranty above, Ralph says he (and presumably Amreeta) entered the arrangements with Craig Adams to borrow $540,000 from Franklin Yeezy using their own house as security

… “so as to benefit Mohan Kumar ...”?

Does this seem believable to anyone? Let us know below your thoughts?

But again – Amreeta writes:

… I have nothing to do with Mr. Kumar, Dural etc. I don’t understand why we are on your blogs?

What next?

How would you rate your experiences with Amreeta Paligaru?

Would you like to tell us confidentially about your experiences?

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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John Mahony – profile

john mahony 1

John Francis Thomas Mahony

Date of NSW Admission11/02/1977
Practising Certificate TypePrincipal of a law practice
Principal Place of PracticeMahony Law
ClassLaw Practice
AddressMACARTHUR POINT BUILDING, SUITE 308, 25 SOLENT CIRCUIT
BAULKHAM HILLS NSW 2153
Postal AddressPO BOX 8318
BAULKHAM HILLS BC NSW 2153
Firm Phone02 8818 9792
Firm Emailjohn@mahonylaw.com.au
Firm Fax02 9680 7429
RegionPARRAMATTA DISTRICT
Emailjohn@mahonylaw.com.au

Linked in profile: http://au.linkedin.com/in/john-mahony-544bba93

Clients & status’

Clients of John Mahony and Mahony Law and their status’ include:

Ralph Paligaru – former owners of 88 Perfection Ave, Stanhope Gardens

Amreeta Paligaru – former owners of 88 Perfection Ave, Stanhope Gardens

Mohan Kumar aka Rajendra Sadashiv Nikalje aka Chhota Rajan – former owner of 632 Old Northern Rd, Dural (ownership severed by Ralph Paligaru under POA).

Craig Matthew Adams

Bargo Development (in liquidation) – dispossessed of 632 Old Northern Rd, Dural

Golden Arrow International (in liquidation) – dispossessed of $16m of land at Warriewood

Reliance LeasingJohn Mahony and Mahony Law was the agent of this company for the withdrawal of caveat owing a fiduciary obligation. Reliance has subsequently subsequently assigned its former debt related to the caveat to DCP Litigation Holdings. DCP Litigation has sought (and intends to bring once its loss is realised) a cross-claim (or claim) against John Mahony and Lawcover. A copy of the Notice of Motion seeking to cross claim against John Mahony & Lawcover (and explaining in detail the nature of the alleged breach of duty owed and other matters can be viewed by clicking this link – click here.

Disciplinary action

Regrettably, we recently learnt the following finding were made against John Mahony by his peers:

Substance of Conduct Matter:1. Falsely witnessed the signature of his fellow director
2. Attempted to mislead the Law Society of NSW
3. Failed to pay Counsel’s fees
Finding:Professional Misconduct

Decision:
(1)   The respondent is guilty of professional misconduct;
(2)   That the respondent be reprimanded;
(3)   That the respondent must pay a fine of $4,000.00 within two months of the date of these orders; and
(4)   That the respondent pays the costs of the applicant as agreed or assessed

Source: http://www.disciplinaryregister.justice.nsw.gov.au/olsc/nswdr.nsf/LUComplaintsBySurname/1F755980A3E64A25CA2580A30080ED20?OpenDocument

Judgment:
https://www.caselaw.nsw.gov.au/decision/58660720e4b058596cba3261

Do you know John Mahony or have you had dealings with Mahony Law? Do you want to share your experiences – good or otherwise?

take our free Business Health Check and receive bespoke, obligation free advice suited to your needs within minutes.

Otherwise – click here to book a free appointment, call me anytime on 1300-327123 (till late), or click the chat tool – bottom right corner to instant chat now

Thanks, Mark Smith, Director

Ralph Paligaru – threats

Ralph Paligaru

Those who have dealt with Ralph over the last few years involving the Dural 632 Old Northern Rd financial wipeout may recall Ralph using denials such as the below:

Ralph denial
Ralph denial

Sadly, if you don’t believe Ralph’s denials you might get a message like the ones I got below from Ralph:

“I will let the dogs loose” – Ralph Paligaru
“Look after your family … nothing is sacred” – Ralph Paligaru.

Have you had any dealings with Ralph Paligaru – in Australia, Fiji, India, elsewhere?

Have you supplied goods or services to Ralph or Mills Management (Fiji) Pte Ltd or Dreketi Timber Mill?

Have you purchased goods or services to Ralph or Mills Management (Fiji) Pte Ltd or Dreketi Timber Mill?

How would you rate your experiences with Ralph Paligaru?

Would you like to tell us confidentially about your experiences?

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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

Craig Adams / Ralph Paligaru – negotiations

Craig Adams and Ralph Paligaru together borrowed money against Ralph & Amreeta’s house at 88 Perfection Ave, Stanhope Gardens. The application states that Ralph Paligaru & Bargo Developments are the borrowers (jointly) and Craig Adams is the guarantor. The mind boggles why Craig would guarantee borrowings by Ralph (and vice versa) unless it was for a common purpose … (???).

The loan purpose states:

“6 months – Development loan”.

At the time, Ralph informed me that the funds were to be used to prepare a development applications for the Dural private hospital, discussed below, in which Ralph was contracted to receive a confidential 20% interest – through confidential heads of agreement. Ralph entered contracts with Bargo Developments over the dural land at 632 Old Northern Rd on behalf of Mohan Kumar (alias Chhota Rajan, aka Rajendra Sadashiv Nikalje) whom at the time, Ralph held a power of attorney. Bargo owned Mohan Kumar (alias Chhota Rajan, aka Rajendra Sadashiv Nikalje) $4m guaranteed by Bargo and Craig Adams.

Craig Adams and Ralph Paligaru entered confidential heads of agreement – a copy of document available here – just prior to Ralph and Craig exchanging contracts for the sale of 632 Old Northern Rd with a $4m vendor loan Ralph agreed to for Mohan Kumar (alias Chhota Rajan, aka Rajendra Sadashiv Nikalje).

88 Perfection Ave, Stanhope Gardens is NOT a development site.

Bargo’s land at 632 Old Northern Rd, Dural IS and was a development site.

Ralph admitted in writing (under the confidential heads of agreement) he had a “vested interest” and Craig has given him shares.

Shortly after, as part of the common refinancing effort by Ralph and Craig, Craig attempts to obtain the discharge a mortgage (over Ralph house – 88 Perfection Ave, Stanhope Gardens) through an implied threat seeking more favourable terms than they were entitled to from the relevant mortgagee (the ex-vendor being Mohan Kumar (alias Chhota Rajan, aka Rajendra Sadashiv Nikalje)). Craig wrote:

Craig Adams SMS IMG_8748
Craig Adams threatens, impliedly, his mortgagee (SMS obtained by the writer).
The ex-vendor is a reference to Mohan Kumar, aka Chhota Rajan, aka Rajendra Sadashiv Nikalje.

Ultimately, Craig & Ralph were unsuccessful in attempts to ‘negotiate’ an unwarranted reduction in the sum owed and secured to Ralph’s property. It is unknown whether the above unwarranted demand upon the mortgagee was in breach of any aspects of the Crimes Act?

Crimes Act NSW, s249K. It is not clear if the SMS from Craig to the mortgagee breaches any sections of this Act?

John Mahony appears to have acted on aspects of this refinancing but invoiced Bargo (Craig’s company) for the work. Copy of the invoice – click here. It is not clear how John Mahony was able to maintain his independence or manage potential conflicts – John Mahony acted at that time for the following persons in the following capacities:

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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

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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