Many R’s Podcast – S2E1

updated 1 September 2022 (please refresh your page).

Season 2 – Episode 1 Many R’s Podcast

Welcome to Season 2 of the Many R’s Podcast featuring our centrefold Steve G Papermaster. This series is presented by Mark J Smith of DC Partners Solutions, Sydney, Australia.

0:01 Introduction

0:27 Intro to Season 2, recap on why the Many R’s podcast exists and who is Mark Smith

2:22 topics to be covered in Season 2 and other seasons.

2:55 Real Estate focus – Raymond John Gulliver, PEGG Capital, Andrew Smith, Tim Holmes, Hugo Driemeyer, David Vereker, Robert Miles.

2:55 Real Estate focus – David Vereker.

8:12 Real Estate focus – Raymond John Gulliver, PEGG Capital – ripoff of Red Earth Ventures Pty Ltd for $327,000.

10:12 Real Estate focus – Raymond John Gulliver, PEGG Capital – partnership and role of different partners including present Chairman Albert Saychuan Cheok, Andrew Smith, Hugo Driemeyer.

15:35 Real Estate focus – Perth Property Group – Stuart Jones, Geraldine Jones, Jade Jones.

17:02 Real Estate focus – Perth Property Group – Geraldine Jones, Jade Jones.

17:45 Real Estate focus – Group Buyer Pty Ltd, Ben Daniels.

18:25 Real Estate focus – Group Buyer Pty Ltd, Ben Daniels, Dr Peter Vickers Pty Ltd, Luke Paul Hayes.

19:30 Iffy Lawyers – Tim Horne, Horne Legal, Aqua Law.

20:28 Where are they now – Caernarvon Cherry Pty Ltd, Fiona Hall, Bernard Hall, Caernarvon Canobolas Pty Ltd, Biteriot. To view the judgment in the matter of Re: Caernarvon Canobolas Pty Ltd in liquidation [2022] NSWSC 382 – click here: https://www.dcpartners.solutions/2022…

21:15 Real Estate focus – Greg Walker, MacArthur Projects, Archbald Gosford, 131MVR St Ives

22:14 Real Estate focus – Ralph Paligaru, Asquith Spices and https://www.facebook.com/AsquithSpices/ Address: 377 Pacific Hwy, Asquith NSW 2077 Phone: (02) 8833 1181 Fictional Characters – introduction. Future true crimes and story telling to appear on this blog.

25:00 Steve Papermaster – an introduction to our new villain direct from the White House, Washington DC.

26:00 Steve Papermaster – #whoisstevepapermaster according to Steve.

26:15 audio issues – check again soon. 26:30 Steve Papermaster – #whoisstevepapermaster according to those who’ve been had?

26:30 Steve Papermaster – #whoisstevepapermaster according to those who’ve been had – Mozido Inc v Steve Papermaster – for more information click here: https://www.dcpartners.solutions/2022…

27:50 Steve Papermaster – #whoisstevepapermaster according to those who’ve been had – according to the trustee / liquidator of Agillion Inc – for more information click here: https://www.dcpartners.solutions/2022…

28:30 Steve Papermaster – #whoisstevepapermaster “legendary spending spree”.

29:30 Steve Papermaster Enablers – #whoisstevepapermaster and who is his team of enablers?

30:00 Steve Papermaster Enablers – #whoisstevepapermaster and who is his team of enablers – Leonie Hill Capital / Arun Kant.

30:15 Steve Papermaster Enablers – #whoisstevepapermaster and who is his team of enablers – Gordian Group, Peter Kaufman / Fred Zeidman.

30:30 Steve Papermaster Enablers – #whoisstevepapermaster and who is his team of enablers – Ernst & Young / EY Entrepreneur of the Year Scam, Angela Plaisted, Andrew Jordan, Stasia Mitchel, Alison Kay, Wendy Fox.

31:50 Steve Papermaster Nano Cures – #whoisstevepapermaster and his covid cure and treatment – Steve’s email re covid treatments.

33:05 Steve Papermaster Nano Cures – #whoisstevepapermaster and his covid cure and treatment – Steve’s email re Leonie Hill and other investors.

33:40 Steve Papermaster Nano Cures – #whoisstevepapermaster and his covid cure and treatment – Steve’s email re Leonie Hill and other investors – Investor Document.

34:40 Steve Papermaster Nano Cures – #whoisstevepapermaster and his covid cure and treatment – watch Steve’s amazing corporate video.

44:55 Steve Papermaster – introduction wrap up.

45:40 Steve Papermaster – introduction wrap up – Ernst & Young continued.

46:40 S2E1 – closing wrap, what’s to come in Season 2.

49:30 credits, closing and tipoffs / how to contact us.

51:10 closing music.

If you’ve got any questions then give us a call 1300 32713 or go to our bottom right hand corner instant message us or instant chat with us on www.dcpartners.solutions

Leave a Reply – nothing defamatory will be permitted, all comments moderated. Spam will not be approved.

Transcript

rogues rascals reviewables rorts rip-offs receivers real estate agents and much much more this is the many r’s podcast season 2 episode 1 this is mark smith from dc partner solutions if you've got any questions give us a call anytime 1300 327 123 or instant message chat with us at our website www.dcpartners.solutions - use the instant message chat tools in the bottom right hand corner thank you

well hi i'm mark smith from dc partner solutions a little bit about me this is season 2 episode 1 of the many r’s podcast. i've actually been running this podcast since 2020 but before that i've been writing a book about westpac and how they cheated me out of maybe 20-25 million dollars so that was a really brutal experience but i've since gone on to have 3 beautiful children uh a long and happy marriage uh so many different life experiences i've studied i've got an MBA i've now got got from the university of sydney a law degree uh a very very coveted law degree called a Juris Doctor, uh i've been a company director here in australia singapore and thailand uh many many different experiences in life, employed lots of people, fired lots of people, run litigation uh been involved in insolvencies uh been involved in corporate restructures all sorts of things, uh i am now living in western sydney um i travel throughout australia. sorry i live in western sydney and spend some of my time here in a beautiful property on Mt Canobolas at orange or just near orange in country NSW. i'm blogger i've never been sued for defamation so that's rather interesting but i've studied law i'm familiar with the laws here in australia new zealand and singapore and i will fund litigation for the right projects, i have a um i'm involved in companies with credit licenses and what's called AFSL, an australian financial services licences. i've done some property development i've done extensive consulting as i said i've had 3 children they're all adults now and some have gone through uni. lots of life experiences so i'm here to help here listen i'm here to help um available most days until late on 1-300-327-123 or you can instant chat with me um some of the time not all the time i do uh clock off occasionally but you can instant chat with us at www.dcpartners.solutions/podcast.

so in this podcast we look at uh a whole bunch of R’s - rogues rascals rorters rorts rip-offs reviewables, they're what we call those that we've got an open mind about whether we're decided that they're you know rorters or ripoff artists or maybe we're unsure so we look at a whole bunch of other categories uh real estate agents as i said miscellaneous other bad guys in society, travel rip-offs, government malfeasance, iffy lawyers, insurance racketeers, bankers especially the westpac ones and receivers, liquidators administrators and all sorts of others that uh come to our attention. 

well we now turn to uh well we now turn to real estate agents and developers and i'm not sure if this guy is in the category he's an R that's for sure, his name's raymond. raymond john gulliver and uh well he was some sort of real estate advisor uh he worked alongside another real estate agent called david vereker and another r robert robert miles. he's a he's also a lawyer and raymond um held out that he was a partner in a company called pegg capital operated by two fellows uh andrew smith, absolutely no relation and hugo driemeyer i think that's how we pronounce it and uh it's a partnership apparently um but uh when you look a little closer uh is it so we've set up this website on the illustrious mr raymond john gulliver you can find if you're looking for raymond he's at 39 when gala road riverview and he lives there with his lovely wife uh jennifer gulliver a very very successful woman, the house is 100% in jennifer's name so i don't know what raymond's contribution is there but that's where we found him a number of times when we had to serve him so on our website you can google raymond john gulliver dc partners and you'll find our website raymond was bankrupted declared insolvent bankrupted on the 1st of february 2022 and to date i i understand he has not complied with any of the applications or any of the obligations to provide income statements or assets liabilities and so who knows what he's got to hide here's some some happy snaps of raymond we'll just go through a few this this is a photo of raymond in cambodia i think it is maybe vietnam and uh raymond is here and next to him is a chap called which will come to another pegg another big fellow then we've got some officials from the countries of uh cambodia and vietnam and and others and there they are the pegg partners looking very trustworthy wouldn't uh wouldn't hurt a flea um ray gave out these business cards uh pegg - private equity gateway pegg pegg gateway private equity gateway um if you do a search now apparently there are head offices in malta but back in the day they were an australian company with offices in brisbane sydney melbourne hong kong hong kong presumably was uh was raymond's office and uh raymond once upon a time worked for a news corporation loved to go the horses in hong kong and apparently very unsuccessful punter, um ran a company called jagbo proprietary limited

but gave out a business card saying he was a partner of pegg and no doubt pegg knew this and held him out that he was their partner and pegg being a partnership there's his mate david vereker a real estate agent uh besties absolute besties these guys david vereker that's a name um you may have heard david once upon a time is a very good tennis player professional tennis player i understand and if you've heard of the name mcgurk then you may have read this vereker’s father was um having uh coffee or whatever there's no suggestion that he's involved but he was having coffee with mr mcgurk on the day of his death very unfortunate that um and mr mcgurk was friends with mr medich, um adam tilley, there's a name we haven't heard for a little while um and mr uh vereker apparently uh having started with hopes of 14 million mr vereker sold a residence of mr tilley's tilley’s to pay back loans to mr mr medich um mr tilley's um home was apparently firebombed very very um strange so um his father richie vereker now i have a feeling kate mcclymont may have written about um mr mr richie vereker uh former hotelier had lunch with mr mcgurk on the day he was um shot so that's um um all very coincidental anyway um we've got david vereker and uh raymond gulliver besties so um there's david vereker’s number oh jennifer so that's mrs gulliver mrs gulliver i think mrs gulliver may well be a very big successful um marketing executive was it qantas it may well be a rebel sports or somewhere like that now uh this is a mr zeeman that uh raymond and mr vereker uh david vereker was suing for i don't know 10 million dollars um something like that for unpaid commissions now entirely unsuccessful but they managed to pay some money into the court in hong kong they were suing this mr zeman for you know many many millions of dollars so there's our david vereker and we're back to the start uh what other documents we've got here let's just have a look ah yes so um back in the day um raymond um raymond managed to um hoodwink a uh one of his clients where he worked one of pegg's clients i should say pegg's client was rid of vince's proprietary limited uh and one of these um unhappy campers here in this photo was ripped off and apparently the sum of $327,973 was allegedly appropriated into a bank account for raymond john and jennifer uh gulliver that's very nice $327973 of a client's money of pegg’s client's money goes into raymond and jennifer's um gulliver's bank account although that's what that's what the letter says it turns out the bank account does not belong to raymond and jennifer um so s raymond isn't uh the account's not in raymond's name so whether it's in jennifer's name or someone else's name uh time will tell but this i'm merely reporting that this letter dated the third of june 2011 states that uh $327973 dollars a red earth ventures uh money is going into pegg's um partner mr gulliver and his wife's uh bank account now i say absolutely uh to the best of my knowledge that account is not held by raymond and jennifer so it could be that it's held by neither raymond nor jennifer it's it's certainly a mystery who belongs to it but uh $327,973 was apparently moved from stojanovich's trust account at the direction of raymond gulliver of pegg partners to an account which he said was his and his wife's and that was the last of the red ventures 327,000 so what i can say is that

what i can say what i can say is that pegg and its chairman albert cheok i'll give you the exact spelling of that he's a malaysian or singaporean man uh very distinguished very impressive uh cv um we'll put up some of his cvs mr cheok uh and andrew smith just want nothing to do with this they want to they want nothing more to do with their former partner uh raymond gulliver they say that he was never a partner despite him having business cards and uh despite there being plenty of letters going out uh saying that he was their partner so let's have a look at some of those letters so this is a company profile pegg premium pegg premium private equity gateway group the partnership apparently and uh pegg corporate now there's no mention of malta here um it's just that uh they are very impressive uh consultancy and advisory company i mean in real estate apparently uh doing all sorts of work for lewis land these are very impressive marine owners, meridian mariners raising 200 million dollars all sorts of big companies and they're very impressive and then they send out raymond and they say that he's their partner and these are past transactions all chinese investors pegg backs for, wow that sounds impressive, so if you're a cambodian or vietnamese and uh look at all these people that um pegg say that they're dealing with uh sale of 300 lots subdivision at morayfield, 84 townhouses, 24 million apartment at ephraim island, now that's on the gold coast somewhere, uh marinas sale, sale of hong kong's blue chip commercial building, sale of one of macau's most prestigious casino land holdings setting a record price i wonder if that's the one for mr zeeman and um i wonder if david vereker and raymond were involved in that one that certainly sort of sounds very familiar current and this is this is to the best of our knowledge this looks very very much like an official pegg uh document company profile it certainly uh persuaded the vietnamese and cambodians to part with 327000 into raymond and jennifer's personal bank account or so they thought um had the direction of you know their partner uh their advisors pegg premium private equity gateway so when when they have such an impressive track record it's it's unsurprising that people would trust them pegg agree currently is mandated for over 500 million dollars of aud transactions pegg resources pegg energy andrew smith he's a businessman entrepreneur and philanthropist hmm andrew so this is as a 2012 now albert cheok is is now the chairman but uh andrew smith is still involved in hugo driemeyer i hope i've pronounced that correct driemeyer both entrepreneurs huge and diverse investment portfolios how wonderful so what an impressive company no mention about malta certainly well actually there's no mention about brisbane even but certainly mention about the hong kong office now tim holmes that's the chap in the photo with the with the happy vietnamese cambodian officials uh former director of savilles, prd colliers, tim was instrumental in managing sales in excess of 1.5 billion in the last seven years beginning his career at prd so wow what an impressive impressive person executive partner raymond gulliver it's it's just hard to imagine that this document wasn't handed out to tim holmes and raymond gulliver and their clients and uh tim holmes must have known that uh he was the ceo of pegg premium ceo so whereas raymond was the partner executive partner and um wow

what a career so associated delivery partners uh and here they all are so minter ellison, queensland law group, law associates, lewis land it's it's just the who's who so uh there we are oh brisbane there we are so direct contacts so um raymond hands this document to his vietnamese and cambodian clients tells them that uh he's a partner and look there's the names of the business owners andrew smith hugo driemeyer, the ceo tim holmes uh they're all there and um but um oh let's do a let's just have a quick look at this company search so private equity gateway proprietary limited that's that's pegg

registered in 2007

so it certainly had the correct name it was incorporated at the very relevant time and there's the officials the company offices andrew john smith absolutely no relation uh lawson road, draper queensland and hugo edgar dreymeyer from uh born in south africa and they're both the directors and secretaries and you can see that um all the shareholders donna and tim donner and tim holmes they're in there for a few shares then you've got one so pegg one is um the company owned by hugo and andrew

so

that's a little bit of a appetite appetizer for um some of the people involved um raymond gulliver david vereker, the tennis great, the vendors agent for adam tilley, robert miles their lawyer um, PEGG capital andrew smith 

now we're just going to go and have a look at a very interesting bloke called stuart jones and he's um he's an agent of some 35 years experience, unfortunately he has fallen onto hard times and um had to sell his entire business his real estate business over in perth to his daughter uh so who better to sell it too and um well he sold the house to her that's that's jade jones, they sell the house to her as well and geraldine um participated in the sale to their daughter … she looks very young i don't know where she got the money from but she looks she certainly doesn't look old she certainly doesn't look like she's got 35 years of experience so maybe stuart and geraldine had jade at a very young age so let's have a look at um well stuart so he's running the he's got 35 years of real estate experience but it doesn't mention here that he's accomplished sales professional enthusiastic service the team of experienced sales executives are setting record prices but doesn't mention here that he's insolvent very very unfortunate but very unfortunate paul stewart um

poor stuart

poor stuart of course stuart's had to um appoint he just had to file a debtors petition and ask the court to protect him in bankruptcy so anyway maybe um maybe jade and geraldine and stuart can update their website now um it doesn't mention here but uh geraldine is also apparently facing insolvency highly experienced estate agent entering the industry in 1982 but i can't say anything about insolvency for her there either so um oh oh that's another one having worked in the local industry since 2001 geraldine has forged some long-term relationships hmm

so a tricky use of words anyway uh geraldine she looks like a lovely lady there she won't return any of my calls unfortunately so um wanting to avoid uh wanting to avoid some of her obligations so if you happen to see uh geraldine could you ask her to give me a call that'd be lovely thank you 

the next one uh the next of our real estate people to profile there's a guy called benjamin todd daniel, very interesting chap he's um runs a company now until recently they did actually have a 1 300 number if you if you can get this uh if you can get ben to answer this phone you're doing incredibly incredibly well uh ben doesn't want to talk to me either so if you could get ben to if you happen to be speaking to ben i'd love to hear for him to give me a call um the it seemed that they 1300 number four group buyer had to get cut off so uh maybe that's um that's maybe that's no good now group buyer it's easy it is interesting group buyer is owned by not just benjamin todd daniel um benjamin todd daniel from barroway road, wentworth point. but there are some other owners there - dr peter vickers proprietary limited of albury and luke paul hayes. so it seems that dr peter vickers and luke paul hayes of a unit 33 tower street at manly um have some sort of investment uh 48% something like that in this company called group buyer, so it's the power of people um and benjamin todd daniel owns the rest of them so um it suggests that there's a paid up some here of about twenty one thousand dollars so that's very very interesting so um

group buyer um group i can't pay it's 1300 number to keep the phones on and it owes one of my clients some money as well so we'd be quite keen to talk to stuart geraldine and benjamin type daniel, if you happen to see any of them would you ask and give us a call

lawyers - now i'm not going to say a great deal about this man but his name's tim horne he once was a very good friend of mine, so i thought, there's some photos that i'm just going to put up here of tim we had many many coffee together, tim was um someone that i trusted and um he worked at aqua law for his brother back in happier days um his brother's a decent guy, he really is, his brother's name is ben horne and uh it seems that tim and ben had a falling out and they've gone in separate ways they don't talk apparently, and apparently tim's forgotten that he was my lawyer for those 2 years and um tim, my argument with him, is that he's now acting against me, advising clients against me so that might cause some ethical problems?  if you're a client of tim's um you might like to get a letter confirming that you're a client of tim's and um and you know just not disclose just not dispose of that letter? 

the where are they now section - well we're just going to give you some links to one of our favorite favourite people it's a couple of our favorite people bernard and fiona hall and the company caernarvon cherry and we've been following them for quite some time and um caernarvon cherry and their related company caernarvon canobolas proprietary limited which is in liquidation, it uh was very very unsuccessful and the the judge um awarded uh quite a large sum against bernard and fiona and their company caernarvon cherry now it is apparently being appealed so watch this space. but uh for those that might be interested we include a link down below to the judgment in the uh in the case that was bought by the brother of bernard and fiona um and caernarvon canobolas and they were all business partners so if you are interested in reading that judgment i will provide a link down below 

well followers of the many r’s podcasts would be very familiar with the name greg walker and macarthur projects they would be familiar with these companies the archibald project up in um gosford and another notorious company called 131mvr which stands for 131 mona vale road uh that's a development project up in St Ives.

there were some very very unkind things said about that particular project by fair trading new south wales and um well greg walker macarthur projects and one and archibald have fallen on difficult times and uh the archibald project was apparently sold uh for around $32million dollars we're told which is apparently quite a good price? but um that's no longer proceeding under under uh greg walker's stewardship nor macarthur projects and sadly very very sadly macarthur projects is um he's in liquidation as well so i didn't pay some didn't pay head contractors up there in or whoever the contractor was up there in uh gosford and um so that's that's a very difficult time 

ralph uh all we're gonna say about ralph um is that uh apparently ralph is no longer in uh in melbourne he's no longer at his mum and dad's place uh and he's spreading his wings all across sydney?  and has opened up a wonderful little business called asquith spice? 

now i'll give you the address for asquith spice might be looking for ralph they may be able to find him at 377 pacific highway asquith and apparently he's got absolutely nothing to do with this company called genesis pacific enterprises pty ltd which is owned apparently is very heavily connected to the bottle shop there and uh if you can't find ralph at asquith spices you may well find him at the bottle shop there it's about 397 pacific highway asquith so i'm told ralph has ralph has got nothing to do with that company although it's uh ralph and his son are apparently working there? so if you're looking for ralph um send me my love, uh he's a lovely guy and uh i wish him all the best that asquith spices and should ralph go into business setting up other spice shops around sydney i wish him all the best with those as well 

fictional characters well um what can i say it's uh, fictional characters what can i say um look i've been urged uh i've had quite a lot going on this year um uh it's it's now the 22nd of august um i've had quite a lot going on uh this year and uh some well look i'll talk about it um perhaps in another episode but um i have been encouraged by a number of people to tell more and to tell more stories and um

my line of work has uh involved um meeting some very interesting people let's put it that way and um but there's also some obligations of um finality that um need to be respected but also it would be somewhat crazy to go and um talk very very frankly about some of the things that i know and um that have happened and so i'm just very careful i get um you know quite a lot of letters from different people and messages from people and i sometimes even get the odd demand from lawyers and uh some of the people that i've written about uh have been far less than happy about uh some of the things they've been written about them so um one of the ways to tell some stories maybe based on real events maybe not um just i just need to leave a little bit of mystery there um that uh i'm certainly giving some serious thought to telling some stories about some uh characters that um

could or could not be based on real people that that i know or have met or whatever so look uh in coming episodes we might start to develop some of these stories as well throughout season two and season three and season four and so on of this podcast so you watch this space thank you 

all right well we're now moving on to uh the centerfold the centerfield of uh the dcp solutions website and uh how many are this is our current centerfold and it's a guy called steve g papermaster and uh steve g papermaster and his company nano global, nano vision, nano whatever you want to call it now anything um so uh who is steve papermaster well he's not even an australian but this guy has come to our attention and uh he um well we're going to ask who is the papermaster it's a very very good question and let's perhaps perhaps perhaps there is two stephen papermasters it's this steve that steve spins but there's also what others say and it's going to came to our attention um i don't know whether to say through a fictional character or someone else but uh someone someone that we've come across um uh ended up being a victim let's just say a victim of um this steve papermaster and his investment scheme and um well let's let's see what others say about steve papermaster and then um well we'll first look at what steve says and um so let's play this 

Molecular bonding is what we need in vaccine development? Papermaster was …. 

wow how impressive? steve is a guy that knows how to beat covid19? my god uh where do we sign up um uh that's now who do you reckon right that spin um do you think the journalist write that or do you know do you think steve um provided a list of talking points? this is who i am. read this will you? and uh wow 

now what do other people say about steve? you know people that have actually met him and done business with him what do they think well let's have a let's have a look at a few of these uh well let's have a look at mozido inc and steve papermaster and um this is uh from a court case uh a real court case and fought a few years ago and this is um

this is what the defendant says now i'm sure that there's always two sides to the story that uh the defendants say uh steve's not some genius that worked in the white house and all of this and by the way the people that i know that um have claimed to be a victim of steve's they don't see him as a genius that worked in the white house either but um let's just see what this is so the defendants led by paper master promised to provide mozido a leading global payments platform with substantial opportunities to expand in the china market however that promise turned out to be part of an intricate fraud that that defendants perpetrated in order to swindle mozido out of millions to lure mozido into the trap the defendant's touted and you know and it goes on and on and on and on 

okay so that's that's one disgruntled party um and that's a few years ago 

let's let's now have a look at uh a trustee, that's what we call liquidator here in australia, steve papermaster uh and other executives squandered assets and this is going back a few years ago six of agillions uh former topic executives have been sued by bankruptcy trustee for the legendary spending sprees that bankrupted one of the most well-financed and well-known high-tech startups in austin. 

whoa so that's a little bit different um the person's charged with um

so this article talks about how agillion, steve's company burned through 60 million dollars in less than three years 

now that you've got to admit there's talent there um wow 

so um i mean i just love this article i think it's incredible and this is another side to steve 

so uh that you know you don't you don't hear of when uh when you're given the talking points um agillion um they had about $100 bucks in the bank, uh 15 months before they had 30 million dollars in the bank, so um and for all of that um money that they've spent they had a few dozens of subscribers? i mean this is legendary and i mean i think you've got to go to the white house uh for this sort of legendary um stuff so uh they bought ads in the super bowl, they spent $500,000 uh taking um their staff uh on a little trip on a pep talk, uh a team bonding session, there i say um they took a 10 year lease on a building for 30 million dollars, they opened an office in australia when they had like 13 customers back in the united states? uh on a super bowl night uh back a few years ago um they threw one hell of a good party - 168 bottles of wine at a restaurant!!!! 

i mean whoa and we're going to have a look at i mean this is this is a guy

wow i just don't know what to say this is very very impressive so um let's have a look at some of his enablers i mean uh to to get away with doing some of these things you really need a team this is you know this couldn't possibly be a solo effort and uh this this guy is i mean he's great so uh these are some of the names that have helped him and we're gonna have a look at over this um particular season we're gonna have a look at some of the people that have enabled this guy to get away with some of the stuff and um i'm going to show you a video in a moment and it is so special it is so special but he's been helped if that's the word he's been helped by bankers and funds managers and and all sorts of people but ernst & young - they probably take the absolute cake 

so um so these are some if you want to know a little bit more just google steve papermaster or steve papermaster enablers and uh you'll get to see some of these enablers uh the ceo of a company called leone hill capital uh that's arun kant um he's been helped by the gordian group now they've been fantastic uh one of um there's a whole bunch of beautiful photos in here uh peter kaufman he's the ceo or president or something of the gordian group 

oh no i don't think he's the president, that's a guy called fred zeidman who's um you know king of the jewish lobby in the united states and good mates with um good mates with george w bush on the fundraising committees and blah blah blah blah 

so um angela angela plaisted it at ernst and young there's uh there's a cast of thousands of thousands at ernst & young. 

this is fred zeidman 

andrew jordan of ernst & young, now the main well i'm not sure it's the main but it's certainly one of the um one of the key pieces of um enablement if you like and uh i mean that's an interesting word 

but um steve uh steve has even gone on to super yachts in uh in in in monaco and places like that um to as a guest of um ernst & young … ernst & young … they trot him out and they say wow this guy's a legend.  They (ernst & young) don't i don't think they say anything about oh how he blew 30 million dollars and um you know run companies into the ground um uh elaborate frauds or intricate frauds (mozido allegation) i don't think there's much about that in the spiel in the ernst & young spiel, but my god um these are some of the people that enable him, stasia mitchell ernst and young. alison kay, they run this thing called the ernst and young …  i love ernst & young, i mean i've had things to do with them, i think they're a reputable firm and but then for them to be absolutely blind to who this guy is i actually put him on the ernst & young entrepreneur of the year uh judging panel!!!! 

um uh wow and uh they say well this is this is the guy to follow 

uh wendy fox of ernst & young, um there's some profiles here of some of the people that have have helped him out 

now we're gonna have a look at some more documents and uh what can i say what can i say but i think before that i think we need to have a look at this video and i mean i've i've ONLY got a law degree and an MBA - all right i must be a complete idiot - because i have no idea what the hell this guy's talking about??? 

let's have a look at this this is the steve papermaster covid spiel and uh work out if you can work out what the hell he's what the hell he's promising that he's got and um well let's just have a look now uh i've got to show you this this email um this is an email that he's written to uh one of the victims um in april 2020, now that's right at the start of covid, 

uh dear blank, now i won't say i have actually changed this i've pulled out the two section i pulled out the date and the time so uh i suspect he's probably sent this to all of his victims but 

dear blank 

i look forward to talking to you soon i wanted to get you a summary of the core nano products which are scaling up in the market for treatment and prevention of covid 19. coronavirus treatment he's got … 

this guy claims he's got a treatment for covid 19. 

now uh pfizer it's ….

this is a company called …. you've never heard of uh uh what's yeah anyway a treatment for covid 19. 

oh my god i mean and this is sent by steve now if this is bullcrap just just go ahead and sue us 

okay because uh this is this is the sort of crap that he sends out um we are close uh now leonie hill here's another email uh we are close now this is in january 20. we are closing an important license small acquisition oh we are closing we are closing and we'll close and we'll close the preferred equity round with leonie hill and other investors 

so did leonie hill invest a nickel?? no no no no didn't arun kant got heaps of other people to invest money but didn't invest a single cent themselves??? uh other investors i'm not sure we are closing an important licence so did they no no so um let's well i think we should have a look at this investor document 

now this is an investor document that they sent out uh to some actual suckers that did invest uh and they say well they know here's the ceo and it tells us it tells us about this acquisition and that uh henry i poor bastard i can't pronounce you soon henry legere, my apologies to you henry if that's not how you pronounce it um $300million dollar uh post-money valuation target, $55million institutional investors, and up to $25million uh to select reliant and nano family office/friends / family and friends … the family and friends round now it says here that leonie hill and mark cuban and others they're all investing really, so did they invest no use of proceeds what we're going to buy is the integration of reliant and uh henry legere is he's our president he's gonna be the president and did they

and you know i'm actually told that this absolutely went nowhere near like there wasn't even talks there was nothing serious so uh they claim that they're going to be the leader in global in-app health and wellness 

um so let's without any further ado let's go and have a um listen to steve's own words about his covid cure, well steve papermaster let's let's hear from the horse's mouth, so to speak and uh i'm going to give you a commentary as we're going through and uh trying to decipher some of this crap that's um that's spewing out of his mouth? so let's without any further ado let's let's have a let's have a listen and see if we can figure out what the heck he's talking about???

our vision for nano has been simple but powerful from day one nano is here to heal and shield the world our vision heal and shield the world and this is uh one year ago so this is uh he's talking about covid - aim high steve. 

is to be able to have an immunity platform for the world that allows us to detect protect and predict pathogen-led outbreaks all the way up through pandemics 

so steve's going to predict predict pandemics and pathogen outbreaks is i mean this thing cannot move without him his knowing right and he's going to protect the world and heal it 

to develop the technologies from drug development vaccine level through preventative technology 

so he's developing the technology through vaccine level now i've never heard of the nano vaccine for covid 19 but stay tuned 

you know through a digital data to be able to develop uh real-time effective cures and 

effective cures in real time 

in real time he's going to he's got the technology in real time to produce effective cures 

effective treatments 

people's lives are at stake literally by the second by the nanosecond more than ever in the world today it's a real tragedy um a human tragedy of enormous scale and societal impact with covid-19 and it won't be the last one 

and so oh so he knows about the future ones as well okay so what's coming next after covid 19. okay beautiful 

so we want to do our part to accelerate take the benefits of our innovations and technology from the vaccines into the surrounding 

so we're going to take the benefits of their vaccines and apply it and make squillians okay 

we want to invest in this areas of technology and get it to billions of people 

oh and he's going to spread it out to billions of people so forget about pfizer novavax uh astra zeneca - nano right 

all over the world as fast as we possibly can in the development of of our nano cures which 

he's got his nano cures so some sort of microscopic cure that he's got it all figured out includes the vaccines 

and therapeutics we are taking the specific vaccine candidates that were in development prior to the covid 19 outbreak and refining it for covid 19. 

so he's got these cures that were from before covid 19 and he's going to refine them and apply to covid 19. 

we have clinical trials uh they're in process now clinical trials 

okay that's why we haven't heard um they're in clinical trials 

and seeks and fast track regulatory approval fda and fda equivalent 

oh okay so it's the government's fault okay right because there's seeking fast tracking globally 

get that delivered to people and in the market as quickly as we can in the late second quarter or early third quarter and that is very very fast especially for this type of 

now look at this cure it's just racing across the globe 

vaccine which is an extremely stable very low cost vaccine 

an extremely stable vaccine low cost now in a minute he's going to tell us that you don't even you can just stick it in the fridge 

not require ultra high levels of cold chain storage like mrna vaccines need 

so this is better than all that crap you know all that pfizer stuff it's much better you can keep it at what is normal refrigerated temperatures

this farker’s actually keeping a straight face, like i think he actually believes all this stuff 

in order to deliver that vaccine which is critical in many parts of the world that do not have the sophisticated levels of it 

ah okay so he's talking about the developing world here where you know uh where there isn't coal chain logistics well um he's going to spread his cure around i don't know billions of people wow we want to invest in this company 

infrastructure available the other big areas that we are developing are different delivery mechanisms so that you can take a vaccine that we've developed and use it as a spray on your skin 

oh you just spray it on i wonder if this is like those erectile things you just sniff it or something you know and you know um you're cured from covid?

more patch on your skin or nasal spray or an oral vaccine and after that of course we've got we've got in development in parallel a universal pan corona virus vaccine that is intended to provide immunity for any future forms of chromovirus-based organisms 

a pan-corona vaccine that's going to wipe out everything so anything that comes all the next variants and all of that he's already got it sold for pathogens as well as potential mutations from 2019 oh okay so all the deltas the omnicrons and all of that he's got it all figured out 

Nano cure is a technology that is specifically engineered to get 

so this is a soap company? 

give us very safe defective compounds that we can apply as a fierce uh antimicrobial antiviral that can attach to our skin and surfaces that will attract and destroy on contact dangerous pathogens 

so it's going to attract the virus and then destroy on contact like some sort of scary laser this is star wars or something right sometimes refer to it you can see the bacteria coming wow 

it is sunblock or sunscreen for germs it means that somewhere between hours and 24 hours on your skin and on general surfaces that can be weeks months or even longer until 

longer than months so you just got to spray this on some surface and wow it's just protection so this is the ultimate protection racket wow and lasts for even longer than months on your skin and on surfaces 

is disrupted we are all exposed all the time if we have any semblance of normal life the ability to cut the transmission the contagion in many cases by 90 plus percent

in many cases by 90 percent 

90 plus percent 

so you pay your money to steve and um snake oil bang this is like the magic snake oil 

that level of prevention is on par with the profound impact of having widespread nanosense vaccine technology piece of our platform 

oh here we go so this is his technology 

that we have architected to essentially be the operating system if you will of molecular level data what we're breathing what we're touching are those things that 

wow i love it we 

come and contact you on our exterior body or into our lungs and synthesize the data analyze the data through our sensors 

so he's got some magic piece of plastic but you plug it in you pay you pay your license fee and it just tells what pathogens are in the air or whatever and does it send out an alarm to send out an sms who knows let's keep let's keep watching 

using our nano center technology we can actually see from a standpoint of analyzing is there the presence of or the likely presence of certain germs certain pathogens like covid19 or others that are or could be dangerous we're still early on in the development 

oh so it's not just limited to covid uh it's the other more dangerous things wow and i mean the mind the mind just boggles 

development we will be rolling out in product forms rapidly over the next one to two years time is of the essence in just the next four to eight quarters we expect to be active really in every region of the world we'll have 

wow every region of the world is going to be active with uh with this guy's technology 

a manufacturing capability we'll have regional delivery just in the course of the next 12 to 24 months we will have our presence 

oh okay so they're going to send their packages out through south africa and on to indonesia and australia wow 

and they're also going to get there so they're going to send stuff through the democratic republic of congo then send it over to nairobi and then on to india or pakistan or somewhere and they'll be sending something through libya, from somewhere over here so where's that

who knows uh memphis i'd say uh send it through libya and then on to china? okay well that sounds pretty good and from memphis uh through to that looks like the south of france so they've got some hub in the south of france and then on to kazakhstan? that looks good let's uh let's keep going um but they're sending it from mexico to um where is that you know is that chile?

in most major regions in the world directly with partners you can never have too many fantastic partners when you're trying to partners we're going to have a partnership 

so that's perhaps uh how our guys got involved and lost money with this guy??

bring this kind of technology and this type of care to the world

so he's bringing this type of technology and care to the entire world so um let's let's just contemplate that for a second

so that's something to whet the appetite for …. for the rest of uh season 2 we're going to have a look at this guy uh steve papermaster and nano and his white house exploits and and more so let's have a look at that throughout the rest of the uh uh the season 

i will let you in on the secret though uh the the ending 

i'm going to spoil the surprise, uh nano is uh um the company that uh took i don't know 20 30 50 million dollars from investors uh the cure for all this wonderful technology is just all bull crap and it's it's just all ended up in the toilet there was no merger there was no technology there's no license there was no uh fundraising by mark cuban and arun kant and leonie hill capital - just all absolute bull crap so uh and who can forget ernst & young and the EY entrepreneur of the year?  

now i mean this is entrepreneur of the year stuff 

this is entrepreneur of the century stuff by mr papermaster 

yes um steve is still on the illustrious panel of uh judges for the EY entrepreneur of the year 

so um who was the genius at ernst & young that thought wow we've got to keep this guy on the judging panel? 

and if you google steve papermaster about the third thing that comes up is uh the EY entrepreneur of the year 

yeah steve just absolutely spins this to the max and so he's on a great deal and who knows what sort of uh kickbacks or whatever, maybe that's the wrong word? um engagements, who knows what sort of engagements that ernst & young get out of these nano companies? and you know, i dare say that funds from investors …  have plenty of funds have ended up in the in the coffers of ernst young?? and uh you know, maybe i'd love to know which new marble foyer is being built now with steve papermaster money? in which offices of ernst & young (are the marble foyers being installed???) - i'd love to know 

so what's this space

so look, in closing we've got an exciting season 2 uh in front of us 

we've got a little bit happening in the real estate space uh we've even got leasing activity with uh our mate ralph paligaru so we're going to be watching asquith spices and see as he rolls out uh that strategy right across sydney?

um we've got miscellaneous others 

we're going to follow jetstar and see what other complaints come in 

uh we'll be monitoring uh some in the in the legal sector 

uh we haven't got any insurance racketeers just yet but uh we're always open 

um we may well write uh some things about our bankers in the fictional uh in the fictional department so that we can be a little bit more explicit but tap into our creative touch and our creative that creative space and get the story out we won't necessarily get sued by any of the people involved so that'd be very nice uh 

and we'll see what uh develops with uh receivers and liquidators um now - we've got uh stuart jones from perth property group uh and his daughter jade and his wife geraldine so we'll see what happens there, stuart’s got a wonderful uh trustee in bankruptcy and we'll be following others no doubt into that space and of course when we say others well we're talking about um steve papermaster our centerfold will be following 

uh the oh raymond gulliver sorry the real estate expert there's lots and lots and lots to discuss there with raymond gulliver uh we may even find out who owns the bank account that um uh was swollen with $327000 dollars of loot uh and it wasn't raymond and jennifer that's we know that we know that they're not the owners of that account but we don't know who is so all apologies uh jennifer completely innocent we may even see raymond's um statement of affairs uh since he's in bankruptcy so that's very interesting 

um but we're coming back to uh steve papermaster now there's lots of lots and lots of stuff there i'm going to talk about how ernst & young are wonderful enablers how the gordian group fred zeidman and others just look the other way when it comes to you know losing 30 million or 50 million they're there for steve they're there for steve and in his hour of need the covid cure you never know you never know you might even see something about the uh nano covid cure so that's an exciting season 2 

uh coming our way uh we might even touch on greg walker and see where he's up to um uh we didn't really get to talk about macarthur group macarthur properties uh macarthur projects dare i say and um where's 131mvr up to? 

so there's so much to go through in the rest of season 2 and we've got many many surprises particularly in the fictional storytelling department we've got some characters well uh they may be uh they may resemble uh people that um you've heard about uh there may be facts and you know bits and pieces uh of the story that unravel throughout the rest of season 2 

so that's something to whet the appetite for 

i hope you will if you've got any questions do give us a call 1-300-32723 

my name's mark smith or jump online www.dcpartners.solutions/podcast and instant chat with us in any time of day or night uh whether that's american time - hey we love tip-offs so if you know any of these people that are involved and you've got documents or any information that you'd like to share with us jump on the instant chat tools and uh you can send us documents uh send us bits and pieces there's a tip off form um about steve papermaster just google steve papermaster uh enable enablers um and if you want to uh tell us about some of these enablers some of the things that ernst & young get up to on his behalf we'd be only too happy to know more and share that with our viewers so that's it signing off mark smith www.dcpartners.solutions/podcast instant chat with us or call us until late most nights 1300 327 123. thanks very much bye

#whoisstevepapermaster

If you’ve got any questions then give us a call 1300 32713 or go to our bottom right hand corner instant message us or instant chat with us on www.dcpartners.solutions

Steve Papermaster - covid cure
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Many R’s Podcast – S1E8

0:01 Introduction

0:23 outline of the episode

0:36 person – mark’s heart attack

4:15 blog on holidays

5:00 the many r’s: where R they now?

5:12 hakan kutup

5:30 131MVR

7:49 Craig Adams, Bargo Developments, Ralph Paligaru, Dural Alliances (in liquidation), Mohan Kumar, John Mahony

8:29 Ralph Paligaru, John Mahony v Garry Steinberg, Reliance Leasing, Tim Horne, Horne Legal

8:50 Ralph Paligaru, John Mahony v Garry Steinberg, Reliance Leasing, Tim Horne, Horne Legal – exploration of potentially fake law suit?

14:27 review of the summons Paligaru v Reliance Leasing

14:45 review of the summons Paligaru v Reliance Leasing – declarations sought, borrower seeking declarations against lender.

16:22 parties to previous deed and parties to loan

16:50 unsigned summons

17:30 consent judgment

18:45 review of loan 1899 (assigned in 1/9/2017) and notice of assignment

21:17 review of ralph’s sworn affidavit of 2/3/2021

21:40 overview of alleged representations from Garry Steinberg to Ralph Paligaru

26:39 look ahead to Season 2

27:54 initial look at Westpac scandal

29:00 court submission “no individual” knew.

30:45 bank statement quick review

33:00 season 2 – coming up Steinberg: NAB v Craig Smith case, Signature problems

33:28 season 2 – coming up Mahony: OLSC v John Mahony, Signature problems

34:51 season 2 – coming up Andrew Gartrell: Signature problems

35:30 closing message

36:18 credits

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Transcript

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

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

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

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

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

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

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

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

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

this is a document to

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Many R’s Podcast – S1E7.5

The Many R’s Podcast – S1E7.5 Mohan Kumar (Chhota Rajan) v Registrar General Land & Property Information NSW, i.e. the Torrens Assurance Fund.

0:01 Introduction

0:32 Welcome

1:22 Judgment – Kumar v Registrar General / NSW Torrens Assurance Fund

1:41 review of judgment starts

1:00:28 Credits

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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

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Dural Alliances Pty Ltd (in liquidation) – profile

Ralph Paligaru

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

Below are the personal opinions (unless stated otherwise) of Mark Smith.

Public interest

Dural’s director is Ralph Ignatius Paligaru. Ralph purports to have connections to people in extremely high public offices in Fiji – Cabinet Ministers some having, he claims, attended a 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 Fiji, Fiji Hardwood Corporation and a number of Government Departments and elsewhere. It is believed some of the below 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 or other support to Fiji or otherwise. It may also be of interest to Australians & Chinese – Australia contributes a substantial sum of aid to Fiji (China is also reported to provide aid to Fiji), so naturally have an interest in the good governance of the Country of Fiji – one of Australia’s regional neighbours together with an interest in efficient and proper utilisation of the Aid provided by our nation to Fiji. Regrettably, Fiji, it is reported, has corruption problems as do other countries within the region. The below 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 employer (discussed throughout this blog, a man named Mohan Kumar) lobbied and received Visa’s and had other legitimate dealings with officials and public office holders in Australia. The solvency of corporations in Australia, their proper or improper registration of companies or otherwise, to provision of finance guaranteed by “mums and dads”, the rates of interest charged (in this case compounding at 6% PER MONTH IN DEFAULT, e.g. >72% per annum) and other factors are also believed to be of public interest.

About the company and its director

Ralph is the public officer of a company named Mills Management Fiji Pte Ltd – company search available here. The search records the registered address of Mills Management as Dreketi, Labasa, Fiji. The asset – Mill – that Mills Management Fiji Pte Ltd runs – is the Dreketi Mill, Dreketi, Labasa, Fiji.

As mentioned, Ralph is also a former director of Dural Alliances Pty Ltd (in liquidation).

Dural Alliances Pty Ltd was incorporated on 28 July 2017 with Ralph’s as its director and secretary. Craig Adams was, according to Ralph, involved in the registration of this company later obtaining the consent of Ralph. Later Ralph gave sworn evidence to the NSW Supreme Court, in part stating the followings:

This statement raises issues of public policy – people becoming shadow directors amongst other things.

Dural Alliances was placed into liquidation by order of the Federal Court of Australia – click here to view court order. The Plaintiff in the windup was DCP Litigation Holdings Pty Ltd.

Particulars of the debt and proof owed by Dural to DCP Litigation can be found here (the debt was not disputed, the windup was not opposed).

Dural, Ralph caused funds to be borrowed of $540,000 using their family home at 88 Perfection Ave, Stanhope Gardens as security for the loan advanced by Franklin Yeezy Holdings Pty Ltd.

A mortgage (variations sought by John Mahony of Mahony Law) and a deed (the deed preparation appears to have been witnessed by the Paligaru’s solicitor John Mahony of Mahony Law) and the Deed purports to have been entered in August 2017, a couple of days before the Franklin Yeezy advance. The mortgage of Franklin Yeezy was prepared, to the best of my knowledge by David Lalic of Strategic Legal. Ralph gave sworn evidence that Mahony Law was paid for their services as follows:

Pursuant to the deed, Dural, Ralph apparently received a charge over land belonging to Craig Adam’s company Golden Arrow International Pty Ltd as security, being land in Warriewood in return for the sum of $540,000. The deed was entered on or about 4 August 2017 – apparently in front of his solicitor John Mahony of Mahony Law, however a caveat was not registered until about 6 December 2017 – some 4 months laterclick here to view the caveat.

Precisely what would motivate Ralph to mortgage their house (where the default interest rate was compounding at 6% PER MONTH, i.e. >72% pa?)

Prior to entry into the Franklin Yeezy mortgage, Ralph entered Heads of Agreement (discussed in the Profile of Ralph Paligaru – click here to view) – which appears to have been signed around 24 April 2016. Ralph was Power of Attorney for Mohan Kumar and in the following weeks (May 2016) Ralph used his Power of Attorney for Mohan Kumar to execute a contract of sale to sell Kumar’s Dural Land to Craig’s companyBargoASIC search available here. The writer does not suggest the election to sell was not the legitimate wish of Kumar.

It is clear from the ASIC search that neither Ralph nor Mohan Kumar were ever the registered owner of any shares in Bargo although the vendor terms / mortgage between Mohan Kumar and Bargo entitled the vendor to accept shares in Bargo under certain circumstances (e.g. if Bargo was in default) – see mortgage.

Moreover, Craig Adams provided to Ralph (POA for Kumar) all the shares in Bargo as security for a vendor loan (if Bargo was in default under the $4m vendor loan?).

To the best information of the writer, neither Mohan Kumar nor Ralph elected to transfer or accept shares (or transfer the Bargo shares despite holding a signed transfer available to transfer the shares to whoever they’d like under the vendor mortgage / terms.

It is unknown what happened to the Heads of Agreement – it is unknown or unclear from the Heads of Agreement if Craig (or Ralph) held any shares ‘on trust’ for another person or persons – e.g. Mohan Kumar?

Ralph made written and then oral admissions to me in mid 2017 that the Heads of Agreement was “my deal” – click here to view the email containing this admission.

But this still does not explain why Ralph mortgaged their house and provided $540,000 to Craig or for the benefit of Craig? The precise benefit (if any) that Ralph thought they would receive is unknown? The writer supposes that the email from Ralph to myself dated 8 June 2017 may provide clues where it states the following:

Dural Alliance’s demise

Ralph Paligaru, the sole director of the company, had notice of the winding up of Dural Alliances but did not attend court nor contest or defend the alleged debt owed to my company in any way. Accordingly, the court, by issuing the windup order was, I believe, satisfied that Dural Alliances owed the sum alleged to the Plaintiff – DCP Litigation Holdings Pty Ltd (or at the very least owed in excess of the statutory minimum sum required to order the windup of a corporation AND that there was no dispute at all that the sum, or at least the minimum required sum, was owed to the applicant company, DCP Litigation Holdings Pty Ltd).

What is known is Bargo is now in liquidation, Craig is bankrupt. Dural Alliances was placed in liquidation in February 2020 in the Federal Court of Australia by my company, DCP Litigation Holdings Pty Ltdsee the attached court order – click here. DCP Litigation Holdings proved a debt owed to it by Dural Alliances in the amount of $179,999.82the same source of debt alleged in order to windup that company – court order obtained here.

A copy of the report to creditors of Dural Alliances can be viewed by clicking here.

A copy of the originating process for the windup include:

Creditors statutory demand

Affidavit of service

Originating process to Federal Court

Court listing particulars

Affidavit of debt

Windup order

Other matters / co-incidences?

In around April 2020, Ralph sold 88 Perfection Ave, Stanhope Gardens to satisfy some of the mortgages or charges however a 3rd charge to my company was not discharged and the caveat protecting that charge was withdrawn.

Coincidentally, the first mortgagee that was paid (as is usual) from the sale of 88 Perfection Ave, Stanhope Gardens was also linked to the mortgagor of the Dural land through lender Pacific8 – whose director is a man named Adam Tilley – a person infamously (so it is reported) being victim of a firebombing involving convicted murderer Ron Medich and his victim, Michael McGuirk. The writer is not suggesting Mr. Tilley is other than Mr. Paligaru (and Craig Adam’s) lender.

In or about February 2020, Pacific8 (the holder of an AFSL) loaned money under a 1st mortgage to Ralph. Pacific8 (is the holder of an AFSL). Pacific8 also loaned money to Craig’s company Bargo through a series of controlled companies, e.g. N&M and Kesinda. These loans to both Craig and Ralph are most likely just a coincidence, the writer does not suggest any wrongdoing by Adam Tilley’s Pacific8 (the holder of an AFSL)?

A further coincidence is that Adam Tilley’s Pacific8 (the holder of an AFSL) and Franklin Yeezy share the same lawyer – Summer Lawyers a firm who does specialise and act for a large number of Sydney based private lenders (such as Pacific 8).

The writer is only opining that “its a small world” and does not suggest or imply any wrongdoing.

The writer also notes that Mr. Tilley is not associated with Franklin Yeezy Holdings Pty Ltd.

A copy of the report to creditors of Dural Alliances can be viewed by clicking here.

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What is a liquidator?

What is a liquidator

A liquidator is a person appointed, in the winding up of a corporation, to assume control of the company’s affairs and to discharge its liabilities in preparation for its dissolution.  The appointment of a liquidator may be done voluntarily (by the proprietors) or via the courts (usually upon the application of a creditor – very often the ATO using a creditors statutory demand).

The process of the liquidator conducting the affairs of the company and realising its assets is called liquidation.

The liquidator’s role is to ascertain the liabilities (and assets) of the company, convert its assets into money, terminate its contracts, dispose of its business, distribute the net assets to creditors and any surplus (which is rare) to the shareholders and/or proprietors.

The liquidator will extinguish the company, lawfully, as a corporation on the records of ASIC by formal dissolution.

In determining the assets of a company, it is the liquidator’s duty to determine whether particular assets under the company’s control are owned by the company or others – i.e. stock may be purchased subject to a retention of title, vehicles may be on a corporate hire purchase and secured via a PPSR.

BAP can assist company directors to structure their assets and affairs, if not insolvent, in such a fashion to provide lawful asset protection.  To discuss how we can help to structure your company’s affairs and assets to provide maximum asset protection, please click here to book an appointment, call 1300-327123 (1300-DCP123), or complete the below form.

Craig Matthew Adams – former proprietor of Golden Arrow, Mikara Developments, Bargo Developments, Key Asset Management and more

craig adams

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

Craig Matthew Adams (“Craig”), who lists his occupation as “investor”, is a former company director.

Craig came to DCPLH’s attention related to several insolvent companies liquidated in mid to late 2018.  The group of companies includes:

  1. Golden Arrow International Pty Ltd
  2. Bargo Developments Pty Ltd
  3. Mikara Developments Pty Ltd
  4. Mikara Investments Pty Ltd
  5. Greenviews Castle Hill Pty Ltd

Craig is personally bankrupt.  A copy of the sequestration order is viewable here.

Craig was personally liable for a debt of $4m (plus interest) from Mohan KumarDCPLH is the assignee of Mohan Kumar for the fruit of that debt – an assignment entered into by Ralph as Kumar’s POADCPLH was also the assignee of Reliance Leasing for a small debt owed by Craig and Bargo at the time of Craig’s bankruptcy.

Craig was made bankrupt on 13 December 2018 by a debt owed to Australasian Property Group Pte Ltd (“Australasian”).  Craig trustee in bankruptcy is Andy Scott of PWC.

Presently, Craig’s debt to Australasian is $2,059,753.46 (as at 31 May 2019).  Australasian are yet to recover the alleged debt (as at 31 May 2019) according to published documents.

Craig’s creditor’s report is available for inspection here.

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:

ATO kills huge liquor business overnight … 

We’ve been researching the circumstances of a once highly successful liquor manufacturing business, with a huge client base – domestically as well as around the world.

This business had grown and prospered for more than 50 years until this year.  This hard work was all undone overnight when it was wound-up by an aggressive ATO.

Our research indicates some or all of the situation could have been avoided with more thoughtful structuring and asset protection arrangements.

The business was wound up, more or less overnight, by the ATO.

50 years of hard work bought undone overnight.

Business Asset Protection, applying the research this case has uncovered, is offering free business structuring health checks for companies – particularly in high tax sectors such as liquor, with slow paying wholesale customers or those experiencing growing inventory levels.

To arrange a free structuring health check call now on 1300-327123 or complete the below form.

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What is insolvency?

Insolvency in general terms, as it relates to a corporation, is the inability to pay debts as and when they become payable.

A company is also insolvent if it is experiencing an ‘endemic shortage of working capital’ as opposed to a temporary lack of liquidity.

Determining the difference at a point in time during the corporation’s life is a question for a court to determine .

Indicators of insolvency include:

  • continuing losses,
  • no access to alternative finance,
  • the inability to raise further equity,
  • special arrangements with selected creditors,
  • solicitors’ letters or judgments issued against the company,
  • overdue taxes,
  • failure to keep books and records, etc.

The list is indicative and not exhaustive.

Companies experiencing any or all the above indicators should book a free consultation by clicking here then where we’ll provide you with company specific advice re insolvency in your instance.  Alternatively call us on 1300-327123 (till late) or complete the form below.