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5R podcast – S01E01

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

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

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

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

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

Mark Smith of DC Partners (Solutions) Pty Ltd sets the scene and discusses those villains or possible villains that we’ll be discussing throughout the remainder of the Season and subsequent seasons.

Season 1 will focus on:

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

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

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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Hakan Kutup – pleads guilty

Hakan Kutup, source: Illawarra Star - Madeline Crittenden.

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

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

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

Sentencing of Hakan Kutup is expected sometime around June 2020.

Relatives of Hakan Kutup continue to conduct business in the Illawarra including:

Jeyda Kutup, daughter and former property manager for Hakan’s business – was recently working in a motor dealers finance office at Wollongong City Motors, no doubt handling the sensitive financial information of borrowers? Jeyda entered loan guarantees to purchase her father’s former rent roll from its receivers just before the ATO stepped in to liquidate Hakan’s former business. In true Kutup family form, Jeyda now denies her indebtedness … the matter continues before the NSW Supreme Court, Possession List.

Eren Kutup, nephew and former property manager for Hakan – is self employed at the newly incorporated EK Capital … apparently the re-birth (sometimes referred to as Phoenix-ing?) of EK Property Group Pty Ltd which was placed in receivership some time ago. EK Capital claims to provide property and financial advice, again this would no doubt involve the borrower exposing sensitive financial information to members of the Kutup family and others? EK Capital is an authorised representative of Purple Circle Financial Services, ACL 486112. Eren is a defendant also in the NSW Supreme Court, Possession List matter.

Eren’s father is Allan Kutup. Allan was a director of EK Property Group. Allan and Hakan are brothers. Allan, to the best of our knowledge is a licensed real estate agent and may have worked in Hakan’s business prior to its liquidation. Allan is recorded as working at EK Capital.

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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Groundhog day for dwadvisory.com.au, liquidators of 4 Bonny Glen companies + Caernarvon Cherry Pty Ltd class action update

Orange, 18 December 2019 (day 147)

Welcome to Day 147 since the Bonny Glen auctions where Bernard Hall seemingly purchased $8.2m of land from Bonny Glen liquidator’s dwadvisory.com.au.

Or so it seemed:

Bernard Hall - when $8m means $4m
Bernard Hall – when $8m means $4m
But all was apparently not as it seemed?

As we’ve been reporting via this blog – for the last 147 days – the so called purchasers of $8.2m of property have failed to pay the balance of around $7.4m to the liquidators of the 4 Bonny Glen companies who auctioned those properties *.

And for 147 long days, the creditors of those companies (in liquidation), in particular the long-suffering business partner and brother of Bernard Hall (i.e. Tim Hall) must have felt like our poor Groundhog Day character.

So yesterday, just like the previous 146 days, we woke up and wondered if we’d be getting a new neighbour soon (Bernard is presently an adjoining landowner)? You may call this Groundhog Day?
A good question?

In case you don’t remember the movie Groundhog Day, here is the trailer for a laugh:

Anyway, the update for class action claimants is this: 

As at this morning – just like the previous 147 days, we all woke up and wondered if we’d be getting a new neighbour (Bernard is presently an adjoining landowner)? 

We all wondered for Bernard‘s brother and creditor Tim whether Bernard‘s company was ‘for real’.  

Bona fide.  

And yesterday, just like those 147 other previous days, still Bernard has not found the balance of $8.2m? 

This must be embarrassing?

In closing, if you are interested in joining our class-action against Bernard‘s company Caernarvon Cherry Pty Ltd (and you think this is a sign that Bernard‘s company is weak) then please complete the form here:  

https://www.dcpartners.solutions/2019/07/caernarvon-class-action/ 

or call us on 1300-327123 to discuss the nature of your exposure to the proposed Defendants. 

Alternatively if you’d like to make an appointment to see Mark in Orange over Christmas to early New Year period, in Orange, please click this link: 

Book appointment

Thanks for your interest, have a safe and Happy Christmas. 
 
Yours faithfully,
Mark Smith, Director
DCP Litigation Holdings Pty Ltd
 
call 1300-327123 (till late)
 
* search records as at 17 December and 19 December 2019.

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:

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Bernard Hall – companies in liquidation

Bernard Francis Hall

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

These companies include:

All 4 companies have DW Advisory as liquidator.

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

 

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:

 

Correct as at 14 November 2019.

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Bernard Hall – updated profile

Bernard Francis Hall

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

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

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

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

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

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

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

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

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

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

Hall family tree of businesses
Hall family tree of businesses

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

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

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

(Work in progress, more details to follow on this page).

Bargo was the one-time owner of 632 Old Northern Rd, Dural NSW purchased from Mohan Kumar (with assistance from Ralph Paligaru).

DCPLH is the assignee of the secured debts of Mohan Kumar, Reliance Leasing, and Ralph & Amreeta Paligaru (owners of Dural Alliances Pty Ltd).

Together DCPLH is owed some $6,000,000+ as assignee of these debts.

To discuss this project, litigation funding, Bargo, Craig Adams, Australasian, Ralph Paligaru or others – call anytime on 1300-327123.

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

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

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

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DCPLH v Golden Arrow International Pty Ltd (in liquidation)

golden arrow 3

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

Craig Adams was the director of Golden Arrow and other companies placed into liquidation in mid to late 2018.

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

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

These alleged facts may become the subject of litigation before the NSW Supreme Court in the coming months (as from June 2019)?

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

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

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: