| 20 April 2006 | Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY. |
| 26 April 2006 | Letter from NSL to Westpac. Westpac response (silent) deceptive by omission of material facts, causing the Claimant & Smith to be misled/deceived resulting in non-joinder in Westpac v Ollis proceedings. |
| 28 April 2006 | Submissions of NSWCC citing “illegal activity” as the basis of continued confiscation (i.e. affidavit in Wollongong Local Court, December 2005).
Smith was without notice to this matter until after 2011. |
| 28 April 2006 | Meeting at NSWCC between Ollis and Giorgiutti. G states: Westpac require priority payments from Ollis’ foreshadowed bankrupt estate, other creditors to sit behind bank.
Inference – Westpac sought an unlawful preference payment in the proposed bankrupt estate of Ollis and/or the liquidation of PTLC.
Smith was without notice to this matter until after 2011. |
| 3 May 2006 | Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY. |
| 3 May 2006 | Received fax from General Manager of Parkes Shire Council (consent authority and development partner of Smith for the Parkes Airport development project) showing adverse publicly. |
| 5 May 2006 | Step taken – Fax from Smith to Ollis seeking execution of variation deed, Ollis points to restraining orders as being unable to deal but sympathetic. |
| 30 April 2006 – 15 May 2006 | Step taken – Fax from Smith lawyers (NSL) to NSWCC re collateral agreements qualifying mortgage terms (including copy of proposal variation deed). |
| 17 May 2006/ 18 May 2006 | Step taken – Meeting between NSWCC, Westpac and Smith at NSWCC. |
| 18 May 2006 | Spark attempting to broker a settlement between Westpac & Ollis, including:
– requirement that Ollis release Harrowvale title deed
– Ollis to procure Smith consent that Harrowvale held on trust for bank, or alternatively perfect mortgage.
Smith was without notice to this matter until after 2011. |
| 18 May 2006 (1300) | Proposed settlement between Ollis & Westpac brokered by Spark/NSWCC. Did not proceed.
Smith was without notice to this matter until after 2011. |
| 24 May 2006 | Defendants Commercial List Response, Westpac v Ollis.
Ollis claims to have had an overdraft. |
| 24 May 2006 | Defendants Commercial List Response, Westpac v Ollis filed for second and third Defendants.
Ollis claims to have had an overdraft. |
| Late May 2006 | NSWCC admission:
Novakovic: “we have got nothing to go forward against Ollis on, we are trying to mediate … Westpac likely to lose $7m”.
Smith was without notice to this matter until after 2011. |
| 1 June 2006 | Affidavit of Spark – pay money to the Treasurer of NSW.
Inference – Spark and NSWCC knew the CAR Act provided only for confiscated funds to be paid to the Treasurer of NSW, any use of powers to achieve another outcome an abuse of power.
Smith was without notice to this matter until after 2011. |
| 3 June 2006 | Submissions of Dibb re Ollis larceny: denies larceny, suggests possible offence of fraudulent appropriation s 124 Crimes Act (not “serious crime related activity” pursuant to CAR Act); argument as to the money not being proceeds of crime even in Ollis’ hands.
Smith was without notice to this matter until after 2011 |
| 7 June 2006 | Summary judgment – NSWCC v Ollis (judgment not available); appeal determined 2 Nov 07; 29 Nov 07 – Ollis parties lodge appeal to HCA.
Smith was without notice of the proceedings in 2006. |
| 15 June 2006 | Letters of instruction, HDY re: Westpac v Ollis (not obtained). |
| 19 June 2006 | Summary judgment NSWCC v Ollis. |
| 19 June 2006 | Sales advice from Hunter & Co real estate for deposit and off plan sale to Petatok @ $137,500 per hectare. Requires DA by specific date.
Inference – Harrowvale development areas around 200ha, possible gross realization $27,500,000++ |
| 20 June 2006 | Steps taken – Meeting Smith, Westpac, NSWCC – at NSWCC. Seeking consent to sell off concessional allotments to fund legal costs / vary caveat.
Also discussed need to vary caveat in light of sales advice the Claimant to Petatok and deposit – need to protect possible underlying value $27m.
NSWCC and Westpac refused to vary caveat. |
| 21 June 2006 | Steps taken – Fax from NSL to NSWCC requesting that caveator replaces itself as caveator with Public Trustee so as to minimise commercial loss to Smith. |
| 23 June 2006 | Invoice from NSL to Smith confirming meeting dates and date faxes sent. |
| 27 June 2006 | Fax from NSL to NSWCC, please deal with fax of 21 Jun 06 urgently. |
| 27 June 2006 | Instruction letter – HDY to John Henry Williams, PPB Chartered Accountants . |
| 27 June 2006 | Instruction letter – HDY to John Henry Williams, PPB Chartered Accountants, Appendix 1 – unknown
Appendix 2 – Resume of John Williams
Appendix 3 – Index to Expert Brief to PPB (comprising materials obtained by NSWCC following the execution of search warrants).
Appendix 4 – Summary of accounts conducted by Ollis, Shields & Koala.
Appendix 5 to 13 – Account Transactions & Percentages of Westpac and Non-Westpac Money
Appendix 14 – Deposits & withdrawals
Appendix 15 – Allocation of payments (reconciled)
Appendix 16 – Allocation of payments (unreconciled)
Draft amended summons provided (but not obtained). |
| 28 June 2006 | Fax from NSWCC proposing consent orders, seeking Smith to achieve Ollis’ consent and the registration of Ollis’ equitable mortgage in return for lifting of freezing orders and damaging caveat. |
| 30 June 2006 | Affidavit of Robert Colwell, Westpac v Ollis.
Notes:
– No explanation why Personal deeming account allowed to overdraw by $36,536.29. Why ATR function didn’t reject for insufficient funds?
Confirms ATR governed by Banking Services Guide dated 1 October 2003 (not obtained).
Admits to being responsible for cash management products provided to “mainly” institutional clients including responsibility for the ATR product.
Represents the ATR form to provide a “true” copy of the ATR authority.
Purports that 17 February 2004 occurred simultaneously in Business Cheque and Personal Deeming accounts. The banks’ relevant Banking Service Guide makes clear that replenishments between accounts in two different accounts are not intended to be replenished the same day, hence Ollis is inferred to have authority to generate a debit balance in the Business Cheque Account. |
| 30 June 2006 | Affidavit of Mark Murphy, Westpac v Ollis.
Notes:
No explanation of why Personal deeming account allowed to overdraw by $36,536.29. Why ATR function didn’t reject for insufficient funds?
20 Mar 04 letter L2250 hints some transactions may still eventuate.
No explanation why 45 cheques did not come to the attention of any Westpac personnel despite bank clearing processes and the Cheques Act 1986? |
| 2 July 2006 | Letters of instruction, HDY to PPB re: Westpac v Ollis (not obtained). |
| 3 July 2006 | Steps taken – NSL fax to NSWCC re caveat AC84382 damage and variation sought with regards to mortgage.
Inference – decision to maintain caveat AC84382 consciously and willfully made on notice as to damage and loss being caused. |
| 4 July 2006 | Smith receives fax from Ray White Parkes re: damaging effect of caveat. |
| 7 July 2006 | Fax from NSWCC to NSL, giving Smith notice that registration of any subdivision would be a dealing contrary to freezing order.
Inference – a deliberate frustration by caveator on notice the purpose of the acquisition of Harrowvale was to enable dealing. |
| 10 July 2006 | Steps taken – Fax from NSL to NSWCC re caveat AC84382 damaging Smith , forwards selling agents fax of 4 Jul 06 |
| 10 July 2006 | Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985 from NSWCC to HDY. |
| 11 July 2006 | NOM from NSWCC to NSL |
| 11 July 2006 | Fax from NSWCC to NSL re mooted NOM, caveat, registration of mortgage. |
| 11 July 2006 | Affidavit of Jonathan Lee Spark, NSWCC v Ollis annexing letter of 12 July 2006. |
| 11 July 2006 | Letters of instruction, HDY re: Westpac v Ollis (not obtained). |
| 12 July 2006 | Letters of instruction, HDY re: Westpac v Ollis (not obtained). |
| 13 July 2006 | Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis. |
| 28 July 2006 | Affidavit of Robert James Witheridge, Westpac v Ollis.
Notes:
Admits responsibility overseeing both debit and credit transactions within the bank .
– Admits responsibility in overseeing both debit and credit transactions to have the transactions posted to the correct customer accounts .
Oversees 600 ‘corrections’ transactions per day .
Admits role is to investigate the transactions and determine the account to which the suspense account transaction needs to be sent.
Admits to the timing of reversals, although some timing admissions require investigation?
Does not explain the collection notes.
Does not explain the variations from standard reversal entry text.
Admits to the “total breakdown of double-entry accounting” and unintended ATR design error consequences. |
| 28 July 2006 | Affidavit of Frank Mazzone, Westpac v Ollis.
Notes:
– Admits that proper banking practice within the bank was that the ATR should have been manually cancelled by his area of Collections on 22 March 2004 when the account status for the personal deeming account was changed from NOR to NFD and PCO .
– Admits the cancellation of the ATR would have prevented the honouring of Ollis’ cheques from the UPI suspense account |
| 28 July 2006 | Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis. |
| 28 July 2006 | Affidavit of John Henry Williams, PPB Chartered Accountants, Westpac v Ollis – comparing changes made to the report between 13 July 2006 and 28 July 2006. |
| 2 August 2006 | Dissemination pursuant to s 7 of the NSW Crime Commission Act 1985. |
| 7 August 2006 | Steps taken – Fax NSL to NSWCC noting:
– NSWCC seeking to register only mortgage memorandum when that did not contain entire agreement and requires significant variation.
– provided valuation report to be provided in near future for NSWCC reliance
– proposal by Smith that NSWCC agree to Harrowvale being sold at its present fair market value to limit Smith losses. |
| 7 August 2006 | Steps taken – Valuation dated 7 Aug 06 received shortly thereafter independently valuing Harrowvale, provided to NSWCC and Westpac. |
| 16 August 2006 (1030) | Meeting L1, 255 Elizabeth St, Sydney, Det Vait Dyrmaier noting:
– Westpac’s failure to supply NSWP with evidence, documents or statements to allow criminal investigations.
– Westpac stated completed 4 weeks prior (Civil proceedings), had not been instructed IF Westpac wished Police action/investigation. Had written to a colleague for instructions (no response whether to investigate).
– Westpac stated: “terms & conditions” of replenishment facilities allowed the account holder to go into debit (overdrawn) and this facility is considered similar to a ‘line of credit’. Furthermore if a replenishment/ automatic transfer facility exists between different accounts with different BSB numbers the replenishment account will continue to go into debit (apparently a fault now being fixed by Westpac). No further requests were given to __ and he believed it futile to continue with any further inquiries for Police, until WBC confirmed they wished Police action. Estimated some 2 weeks for a reply.”
– handwritten notes discussing letters sent to SA acknowledging “debts”
Smith was without notice to this matter until late 2014 |
| 20 August 2006 | Affidavit of Dr. Peter Flynn re admissions of NSWCC late May 06.
Smith was without notice to this matter until after 2011. |
| 23 August 2006 | Affidavit of Shields – alleging further concurring between NSWCC and Westpac, including the release of all intelligence/search warrant materials obtained. Smith was without notice to this matter until after 2011.
Inference – Westpac and NSWCC knowingly abusing the powers of NSWCC pursuant to CAR Act with no intent to recover funds to the benefit of the Treasurer as required. |
| 25 August 2006 | State of NSW through the NSWCC used its draconian and coercive powers under the Criminal Assets Recovery Act to re-assign from the Treasurer of the State of NSW (Proceeds of Crime Account) to Westpac Banking Corporation all funds received in relation to Lot 166 DP750164. |
| 25 August 2006 | Westpac becomes a Respondent to NSWCC v Ollis to Amended Notice of Motion. |
| 25 August 2006 | Novakovic swears affidavit and Amended NOM for NSWCC v Ollis assigning and registration of mortgage or alternatively seeking sale proceeds of Harrowvale to be paid to Westpac contrary to CAR Act.
Inference – NSWCC concurred with Westpac / Murphy on or around 17-18 Jan 06 to abuse its powers to recover a civil debt for the benefit of Westpac, including via CAR Freezing orders if required. |
| 25 August 2006 | State of NSW through the NSWCC used its draconian and coercive powers under the Criminal Assets Recovery Act to re-assign from the Treasurer of the State of NSW (Proceeds of Crime Account) to Westpac Banking Corporation all funds received in relation to Lot 166 DP750164. |
| 25 August 2006 | Westpac becomes a Respondent to NSWCC v Ollis to Amended Notice of Motion. |
| 25 August 2006 | Novakovic swears affidavit and Amended NOM for NSWCC v Ollis assigning and registration of mortgage or alternatively seeking sale proceeds of Harrowvale to be paid to Westpac contrary to CAR Act.
Inference – NSWCC concurred with Westpac / Murphy on or around 17-18 Jan 06 to abuse its powers to recover a civil debt for the benefit of Westpac, including via CAR Freezing orders if required. |
| 27 August 2006 | Affidavit of Victor Warren Ollis re: concurring (conspiracy) between Westpac & NSWCC/Spark.
Smith was without notice to this matter until after 2011. |
| 28 August 2006 | Affidavit of Darryl Barlow swearing Westpac admission re benefit received as intended via NSWCC search warrant (not requiring own discovery):
“The Crime Commission had everything …. we got everything we wanted”.
Smith was without notice to this matter until after 2011. |
| 11 September 2006 | Meeting between NSWP, Sarah Rodgers confirmed terms & conditions document was given to Ollis when he opened account 180123. Account opening form is signed and confirms T&C’s provided.
Smith was without notice to this meeting and/or its findings until late 2014. |
| 20 September 2006 | Meeting between Supt Dyson, Insp Christey, Sgt Dyrmaier with Westpac employees Sarah Rodgers, Mark Murphy & Westpac solicitors noting:
– discussions about T&C’s
– Police documents show clause-indicating overdrawing would be considered an application for credit.
– Rodgers states these T&C’s existed in all business accounts (and applies to Ollis’ account/s).
– Mark Murphy contradicts.
– NSWP sought and obtained the Terms and Conditions pertaining to this account. These were obtained (see scanned document). Pages 17-18 states a similar condition “if your account becomes overdrawn without arrangements, that overdrawing of the account will be treated by the Bank as an application for credit by you.”
– T&C’s also mention ULR – unapproved loan rate – as consideration payable.
Smith was without notice to this meeting and/or its findings until late 2014. |
| 25 September 2006 | Steps taken – Affidavit of Smith , Notice of Motion, Submissions in relation to NSWCC caveat and security – putting Ollis, NSWCC and Westpac on notice as to collateral agreements/obligations qualifying (unsigned) memorandum of mortgage. |
| October 2006 | Approx. October 06 – Westpac provides NSWP with copies of requested documents affidavits.
Smith was without notice to this matter until late 2014. |
| 4 October 2006 | Affidavit of Robert Reynolds, Westpac v Ollis. |
| 16 October 2006 | Westpac on notice of Submissions of the Claimant and Affidavit of Mark Smith of 25 Sep 2006 |
| 17 October 2006 | Strike force Greenvale progress report given confirming:
– lack of cooperation from Westpac for investigation.
– records Sarah Rodgers admission of 11 Sep 06 that Ollis received T&C’s at time of opening account 180123.
Smith was without notice to this matter until late 2014. |
| 24 October 2006 | Westpac issues subpoena to Smith in Westpac v Ollis.
Inference – Westpac from this time was fully on notice as to the qualifications of equitable mortgage security interest Ollis held (if any). |
| 9 November 2006 | SF Greenvale meeting, NSWP & Westpac (Senior Management + legal representative), Supt Dyson, Insp Christey and Sgt Dyrmaier.
Notes recorded:
On 9 November, 2006 Det Supt Dyson and Insp Christey met with T3 (Senior Management plus a Legal Representative) from Westpac Investigations re S/F Greenvale and other issues. T3 “acknowledged” that there was no criminal prosecution possible against Ollis due to the clause within the account opening details which indicates any overdrawing of the business account shall be treated by the bank as a loan.
Smith was without notice to this matter until late 2014. |
| 10 November 2006 (1101) | NSWP Investigation terminated.
Smith was without notice to this matter until after 2011. |
| 15 November 2006 | NSWP review log, NSWP determine matter a civil debt.
Smith was without notice to this matter until late 2014. |
| |
| 21 November 2006 | Judgment and published reasons, Mareva injunction and freezing order, Westpac v Ollis. |
| 22 November 2006 | Notice from Westpac of Bergin Mareva injunction/freezing order and undertaking for costs and damages. |
| 28 November 2006 | Affidavit of Smith in NSWCC v Ollis NOM hearing. |
| 28 November 2006 (1644) | Submissions of NSWCC in NSWCC v Ollis NOM hearing containing numerous false statements.
Smith was without notice as to the falsehoods until after 2011-late 2014. |
| 29 November 2006 | Defendant submissions, NSWCC NOM in NSWCC v Ollis. |
| 1 December 2006 | Subpoena of Ollis on Westpac in Westpac v Ollis (unknown to Smith until 2011-2012 approximately) pursuant to an allegation of conspiracy (concurring) between Westpac & NSWCC to do unlawful act, e.g. misuse NSWCC powers pursuant to CAR Act.
Smith was without notice to this matter until after 2011. |
| 4 December 2006 | Fax clarification from the Claimant to Westpac, mortgage admitted to only an equitable mortgage. |
| 5 December 2006 | Summons, affidavit and NOM prepared and sworn for Smith , filed in NSWSC in PTLC v Ollis, NSWCC v Ollis. |
| 5 December 2006 | Submissions for Smith in NSWCC v Ollis NOM hearing. |
| 6 December 2006 | Summons of Mark Smith and the Claimant filed in NSWSC further placing on notice all parties of contingencies in mortgage memorandum. |
| 6 December 2006 – 15 December 2006 | Steps taken – notice of motion in matter 15984/2006 for joinder of PTLC & Westpac v Ollis (Summons matter) to NSWCC v Ollis 10278/2006 and/or for expedition of Summons against Ollis to set-aside mortgage.
Expedition unable to proceed due to the non-appearance of Ollis and discontinuation of the legal representation of Ollis in the proceedings (and as such, service could not be affected).
In the conduct of the proceedings (10278), NSWCC & Westpac submitted that Ollis’ conduct was (words to the effect) “criminal” with “$11m stolen”.
As a result Smith & the Claimant were given advice (in order to avoid an adverse order for costs, and because the orders were also likely to be given) that the Claimant should: 1) not continue to oppose the registration of the mortgage by the plaintiff, and 2) serve the process, and 3) pursue the summons proceedings against Ollis or his successor to set aside mortgage. |
| 20 December 2006 | In correspondence between Westpac & Smith, bank acknowledges Smith seeks to vary mortgage to set aside Ollis’ obligations qualifying the mortgage.
We say this document is prepared in furtherance of the deception of the Smith. |
| 22 December 2006 | Notice to produce / subpoena provided to Mark Smith of Smith to produce documents. |
| 2 February 2007 | Notice of Motion – to set aside subpoena to Mark Smith & notice to produce to PTLC. |
| 8 February 2007 | NSWSC entered orders made on 6 Dec 06 for registration of mortgage & signing mortgage on behalf of the alleged mortgagee who refused in furtherance of deception of PTLC. |
| February 2007 | Production of a new certificate of title by LPI (provided to NSWCC) pursuant to CAR Act to NSWCC. |
| 19 February 2007 | Mortgage AC924905 registered by NSWCC, withdrawal of caveat AC84382. |
| 21 February 2007 | Steps taken – Fax from NSWCC to NSL
Having refused to remove or vary its caveat, the former caveator, now opposing the sale of Harrowvale at its then fair market value “as is” per sworn valuation. |
| 22 February 2007 (1743) | Steps taken – Fax from NSL to NSWCC
– reasserting Smith’s position re qualifications as to mortgage including as set out in Summons.
– discussed s 10 (4) of CAR and Ollis appeal due April 07
– oppression |
| 23 February 2007 (1630) | Steps taken – Fax from NSWCC to NSL re new NOM to be heard 26 Feb 07 |
| 23 February 2007 (1643) | Steps taken – Fax from NSWCC to NSL re issues in dispute. |
| 26 February 2007 | Further orders in NSWCC v Ollis NOM matter – consented to as the mortgage’s registration defeated the purpose of the Smith / the Claimant NOM. |
| 26 February 2007 | Separate proceedings unknown to Smith at the time, NSWCC v Ollis NOM for preliminary discovery.
The action failed but the action is based upon a not-well prepared argument of malfeasance or malicious / partial exercise of power (and without the comprehensive volume obtained by Smith ).
The proceedings which Smith are preparing, it is considered, have substantially more evidence of concurring (conspiring) between NSWCC / Westpac than appears to have been available to Ollis and others in this NOM hearing.
Smith was without notice to this NOM until after 2011 |
| 25 June 2007 | Defendant submissions in support of preliminary discovery (NSWCC v Ollis) for 2nd and 3rd Defendants. |
| 12 July 2007 | Affidavit of Garry Wade, Westpac v Ollis |
| 13 July 2007 | Affidavit of John Henry Williams PPB, Westpac v Ollis |
| 23 August 2007 | Declarations for WBC, $11m obtained by Ollis held on trust for Westpac owing to ‘fraudulent conduct’, which the bank acknowledged, was a civil debt, and could never be subject to criminal prosecution.
Findings of moral turpitude against Ollis.
Smith / the Claimant not a party to the proceedings. |
| 2 November 2007 | Judgment in NSW Court of Appeal matter, Ollis v NSWCC – held:
– lower court judgment made in error “… did not deal with the application in accordance with the principles that govern summary disposal of proceedings…”
– majority verdict re: whether Ollis was entitled to witness immunity relating to alleged illegality (pervert course of justice, not larceny).
– NSWCC should not have obtained summary judgment against Ollis as there was a “real question” to be tried, NSWCC could not rely upon offence of perverting the course of justice (for summary judgment)
Smith was without notice to this matter until after 2011. |
| 29 November 2007 | Ollis party’s application for special leave to appeal to HCA re illegality basis (7 Jun 06 Summary judgment in error).
Smith was without notice to this matter until after 2011. |
| 14 December 2007 | NSWCC v Ollis discontinued by NSWCC, NSWSC will not release NSWCC undertaking for damages.
Smith was without notice to this matter until after 2011. |
| 28 March 2008 | Westpac file submissions on priority in Green Parks hearing of Westpac v Ollis.
Inference – submissions demonstrate the intent of Westpac before 19 Jan 06 Sully orders, to use/misuse the NSWCC powers and CAR Act to obtain a financial benefit, including caveats, security, priority, equitable preferences, etc. Inference supported by acts taken on 20 Jan 06 (day after Sully order) by investigating/ confiscating parties to caveat Doco’s estate property caveat AC62711 allegedly pursuant to CAR Act 10 (3).
Further inference – submissions and cumulative conduct of Westpac demonstrate it was anything other than a silent and passive volunteer
Smith was without notice to this matter until after 2011. |
| 23 April 2008 – 24 April 2008 | Assignment of mortgage from Ollis to Westpac, Westpac on notice of contingencies and qualification of mortgage.
Westpac represented that the Deed of Assignment had been ordered by Einstein J. Subsequent enquiries have been unable to establish that Einstein J ordered the disclaiming of Ollis’ obligations pursuant to the mortgage.
On 23 Apr 08 Westpac gave notice of the orders providing for assignment of Ollis’ interest (if any, arising from either fraudulent obtain or fraudulent registration) to Westpac.
On or about 24 Apr 08, Smith for the Claimant signed and returned an ‘acknowledgment’ of notice.
Smith was without notice of any assignment until after the making of the order. Assignment acknowledged post the making of the order. |
| August 2008 | Hearing of Green Parks “priority issues” identified in document entitled “submissions” disclosing the mind of the bank at the time of the (alleged fraudulent) obtaining of said equitable priorities against Green Parks parties (victims).
Same “priority issues” NOT used as against PTLC.
Westpac win on all counts v Green Parks due to priorities established due to “fraud” by Ollis.
Smith was without notice to this matter until after 2011. |
| August 2009 | s 57 (2) (b) – false statement made by Westpac (alleging $3m due and payable)
Steps taken – request farm debt mediation (refused). |
| October 2009 | Repeated false statement by Westpac (repeat false statement under s 57 (2) (b) that $3m due and payable).
Steps taken – engaged ERA Legal to correspond with Westpac re settlement of disputed matters. |
| January 2010 | Appointment of receivers (by Westpac) to take possession of Harrowvale on basis of “unauthorised withdrawals”, false statement as no monies due and payable.
No notice of the taking of possession until taken. |
| 26 March 2010 | Steps were taken – engagement of Simmons & McCartney, correspondence to Westpac & Ray White Parkes demanding the discontinuation of sale by auction programme and the undertaking of Farm Debt Mediation. |
| 27 March 2010 | Sale by public auction by Westpac at $1,060,000. |
| April – July 2010 | Steps taken – several caveats filed on 166/750164 (in error). |
| July 2010 | Westpac file & serve summons against the Claimant & Smith seeking to set aside caveat and an order restraining Smith from filing future caveats. |
| 1 August 2010 | Steps taken – Smith receives Gerondis fraud report #1 |
| 3 August 2010 | Steps taken – Smith reports knowledge of Ollis fraud (but not Westpac fraud) to NSWP on COPS event 44239786. |
| 4 August 2010 | Withdrawal of caveat AF670829W (per caveat AF546791) on mortgage AC924905. |
| 4 August 2010 | Filing of caveat AF670830N on mortgage AC924905, mortgage obtained by fraud on notice to Westpac. |
| 4 August 2010 | Caveat hearing, oral submission for Westpac:
“Ollis stole about $11m … Einstein finding Ollis held on trust … fruits of stolen money.”
Further submissions and evidence re: urgency of sale, prospect that bank would lose buyer. Urgency motion of bank prejudiced hearing of Smith’s caveat defense and timetable.
Inference – deliberate perjury or deception by those acting for Westpac knowing Ollis could not be charged with any criminal charge which misled Smith to withdraw caveat AC670830N and not seek to cross-examine Westpac witnesses, put on evidence. |
| 5 August 2010 | Letter from Piper Alderman to Westpac, WBC on notice they have no interest, “not entitled to protections of s 42 or s 43 of RP Act as they were on notice …” |
| 9 August 2010 | Letter in reply from HDY to Piper Alderman. |
| 26 August 2010 | Smith received the Gerondis fraud report #1. |
| 1 November 2010 | Transfer of Harrowvale occurs pursuant to transfer AF701846 by mortgagee exercising power of sale, 3 months after alleged urgency. |
| 30 June 2011 | Smith complaint letter to NSW Police – why have NSWP charged Ollis? |
| 22 July 2011 | Smith receives letter from NSW Police – State Crime Command explaining |
| 18 April 2011 | Westpac confirms undertakings for damages pursuant to Bergin freezing orders of 21 Nov 06 never withdrawn, orders still on foot. |
| 25 March 2013 | Smith wrote to CEO of Westpac & its proper officer separately seeking settlement discussions |
| 8 March 2013 | Notice to Produce by Mark Smith issued to the NSW Crime Commission |
| 2 April 2013 | Letter from Westpac refusing to enter into discussions or settlement negotiations. |
| 27 May 2013 – 29 May 2013 | Production of documents by NSW Crime Commission following (narrowed) Notice to Produce of 27 May 2013 |
| August 2016 | Historical title search of Harrowvale sold by Westpac. |
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