5R Podcast - S01E02
Rogues, Rascals, Rorts, Rip-offs & Reviewables
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In this series Mark Smith of DC Partners (Solutions) Pty Ltd sets the scene and discusses those villains or possible villains that we'll be discussing throughout the remainder of the Season and subsequent seasons.
Season 2 will focus on:
Season 1, Episode 2
(Chapter 1) discusses the following:
Corporate rip-offs
Real estate including agents and developers
Andrew Saunders of Saunders & Staniforth Pty Ltd, Valuers and Town Planners (and legal advisors) of Orange, NSW.
Corporate rip-offs
For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).
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rogues rascals reviewables routes and rip-offs in fact a whole bunch of ours season one episode two my name is mark smith of dc partner solutions i'd love you to check in at our website
www.dcpartners.solutions slash podcast you can ring us anytime 1-300-327-123 or instant message chat with us in our web page bottom right hand corner use the tools well just to recap in season one episode one we set the scene and we discussed a range of sectors and uh different parties that we might be interested in chatting about and some of the sectors uh our villains and our themes uh these sectors that we looked at included real estate property developers um corporate villains uh travel rip-offs a a real favorite and we've got some huge news on that this week we talked about malfeasance which is wrongdoing by government personnel we didn't really touch on them but iffy lawyers and we'll see whether we've got uh time this week to uh to to touch on a couple of iffy lawyers uh miscellaneous shysters insurance racketeers banks and receivers well this week we've had a very significant win um on behalf of a class action before we even filed the class action so we managed to um well i won't go into the tactics uh specifically but um it was surprising that uh it was surprising in some ways that uh it was unsurprising in others but it was surprising and pleasant that um we got a very good outcome for a group tour i cannot name the tour operator involved nor can i name the class members but it was a group it was a group of 61 and they uh the entire class had virtually the the same claim against the tour operator so that would be the defendant um and for roughly the same amounts of money for the same what's called cause of action so to run a class action uh it's necessary that at least seven people have uh the same or substantially the same cause of action against a at least one defendant so we had a we had a terrific outcome there uh we're still very interested to help people that um have been ripped off um and uh look we keep reading newspapers all the time we've got scenic tours charging people 20 40 50 50 000 59 000 um cancellation fees for trips of lifetimes and uh no post payments uh travel credits that sort of thing there's some real heartbreaking stories out there and uh we're terribly terribly uh sorry but uh interested and willing to help help people and uh we we we read these articles about people with these horrendous uh travel uh cancellation fees through no fault of the um through through no fault of the traveler really so um we're very keen to pursue some of those flight center qantas airways jetstar uh people that are sitting on thousands and thousands and thousands of dollars i think the latest wrought and it's an absolute scam uh qantas airways uh flights in october are clearly not traveling uh the commonwealth government has imposed travel bans until at least the middle of december and qantas airways is refuse is refusing to uh to cancel the flights i mean they're just um thieving bastards if i can put it like that um thieving bastards taking people's money and um you know many months ago they've taken people's money uh i was uh i think i read an example of someone i think they were going to chicago or somewhere like that booked a business class ticket twelve thousand dollars per head or thereabouts and uh clearly the flight's not um not departing but uh qantas refusing to
refund sorry refusing to cancel and then when eventually they will cancel then well you can expect a 10 week 10 week weight for the uh poor traveler to uh to get their own money back and uh it's just not good enough qantas youth thieving bastards so um we're very keen to uh to help people the victims of qantas uh flight center where we're not hearing uh wonderful things there we are hearing that people eventually get their their refunds but um uh it's um you know uh people are not banks and uh if cash cash flows particularly tight for flight center well really that's that is a flight center problem uh so uh there's still hearing occasionally uh of great difficulty getting through to call centers of booking.com expedia web jet what if and and what have you so very very keen to pursue some of these travel villains um and uh specifically very keen on uh group tour class actions we're talking about the insurance racketeers and uh this particular racket uh that's another are rackets very close to wroughts and rip-offs but this particular one is an absolute racket and it's it's plain out now theft how it works is uh the travel not the travel on pubmed the insurance companies sell you a policy and look in some i've i've seen a range of different policies but certainly policies up uh that were i haven't seen one that renewed before the end of 2019 i'm not saying they're not out there but i haven't seen one that renewed before the end of 2019 that had the correct wording and and it's wording under what's called business interruption insurance and uh typically how business interruption insurance works let's say you run a 10-pin bowling uh alley and it burns down and well you'd get you'd get business interruption you'd get fire insurance so the building would be insured but you can actually insure your losses as well and um uh you might let's say you you are you own this 10 pin bowling alley and this doesn't just apply to 10 pin bowling it certainly applies to all sorts of professionals it might apply to doctors it could apply to dentists candlestick makers bakers you name it uh if you've uh if you have a policy that covers business interruption insurance then i strongly encourage you to look up your policy now if you're at all unsure whether you're covered um by all means send us a copy of your policy at solutions at dc partners dot solutions uh just email us a copy of your insurance policy solutions at a at solutions at dc partners dot solutions and how it's supposed to work is um you have a policy that covers your losses in the event your business is interrupted and there's some absolutely gigantic claims going through um and this case has gone through in england and they're doing test cases here star casino
now unsurprisingly star casino has had their business interrupted but interestingly they they claim that their businesses have been interrupted not by the pandemic but by government policy and
there are a number of ways to claim but when i was talking just a moment ago about policies that renewed before the end of 2019 uh there was an exclusion clause in there that said if uh your business is interrupted uh by virtue of a epidemic or a health emergency or they don't necessarily use the word pandemic
and they also refer to something called the quarantine act of i think it's 1914 and they say well look if your business has been interrupted by a pandemic declared under the quarantine act of 1914 it's a commonwealth act uh well that's an ex an event that's excluded well the the stuff up is that and we talked about iffy lawyers whoever the iffy lawyer is that acted for these insurance companies really has a lot to answer for and uh the quarantine act of 1914 was actually um however you put it they buy the quarantine act of 1916 or whatever the year was uh was repealed it was repealed and so all the insurance policies however none of them were updated and they continued to address an exclusion for pandemics declared under the quarantine act which had been repealed in 2016 and here we are in 29 to 2020 and along comes the
along comes the corona virus and of course there has been no pandemic declared under the quarantine act of 1914 or 1916 or whatever the year was because in fact the uh quarantine act of 1914 was repealed in 2016. so there will never be a um a pandemic declared under that particular act because it was repealed it's gone and so uh this iffy lawyer whoever it is he or she uh whichever firm has um has left a
has left some sort of gap uh and it would appear to be the size of the grand canyon and uh you it would appear you can fly a plane sideways through it and uh it could be that thousands and thousands and thousands of businesses out there have business interruption insurance and so this is a space that we're uh tremendously interested in if you have uh business interruption insurance or if you don't know if you've got a policy and you think you might have business interruption insurance uh would depend on the business and clearly business interruption insurance requires that your business is a business and it is indeed interrupted so look there's still some fine print but we'd be very keen to talk to you at solutions at dc partners dot solutions or come to our website uh bottom bottom corner here use the chat tool alternatively give us a call 1-300-327-123 or send us a copy of your insurance policy solutions at dc partners dot solutions okay in the villains uh real estate and developer kind of villains uh area we're talking about we're giving you an update from uh episode one about our friend ralph ignatius palagario and uh we'd indicated that we'd obtained a consent judgment in the supreme court of new south wales none of this is private it was all on court lists and anyone in the world could have sat in the back of the court well mr paligaru we have a judgment of the supreme court of new south wales and uh in the last 10 days or so we've gone and obtained a bankruptcy notice and we've had that served on ralph ignatius palagaru so our friend mr paligaru the clock is ticking and six under six months from now we'll we'll be back and um uh will uh be applying for the sequestration of that particular man's uh affairs uh he's the director of a company he's yes he's the director of a company called dural alliances proprietary limited in liquidation i appointed the liquidator there a man called daniel friskin of i think the company name is o'brien palmer insolvency uh a good bloke and uh doing a good job oh our friend mr palagar who find fifty thousand dollars uh not um by asic um has not uh has not complied with his obligations not even in in liquidation a uh a director of a company is required to cooperate uh he's required to keep books and records but he's also required to cooperate with the uh with the liquidator so um mr palagaru fifty thousand dollar fine by asic um let's see whether his lawyer his lawyer is a fellow called john marney sometimes called mahoney m-a-h-o-n-y john mahoney of mahoney law at balkan hills in new south wales or norway west business park let's see whether uh mahoney can get our friend uh mr peligaru out of that asic fine so um we've had uh some very interesting correspondence with our friend mr mani now uh ralph paligaru friend business partner silent partner joint venture partner received
refinanced his house to give craig adams money um to advance money to a company called golden arrow international proprietary limited also in liquidation advance that uh that chap uh mr craig adams 540 thousand dollars uh this is all on the public record uh uh logitech aviate um advanced the money in august 2017 but mr mani uh did not mr mani prepared a deed for mr palagara mr and mrs palagaro in august 2017 but uh the record shows that mr mani um did not lodge a caveat and uh a period of uh from august to november 2017 uh went by and mr mani um in about november 2017 subsequently lodged this uh caveat on these uh properties in worrywood belonging to golden arrow international proprietary limited but in the meantime uh our good friends uh ian jordan and maya i can't pronounce this and i may are beginning with p you'll see the transcript here of australasian property group private limited singapore uh look they did a personal loan a personal loan from uh ian jordan and maya of the company australasian property group private limited now i understand uh that australasian pro australasian property group private limited have uh is it merrill lynch or kkr kolberg cravis roberts as uh as investors uh i i i reckon they'd be uh absolutely um furious if they'd known if these investors of australasian property group private limited uh gave unsecured loans to craig matthew adams now um somehow and uh this watch this space i that's all i'm going to say um australasian property group managed to get uh and and this company is in liquidation so uh watch this space but uh australasian property group managed to weasel out of uh golden arrow international sometime between august 2017 and november 2017 they managed to
wangle wrought if you like charges on the real property of golden arrow international now there are offences there are avoidable transactions and um watch this space uh if you um if you obtain an unfair preference in someone's bankruptcy uh that's something that a bankruptcy trustee can do something about so uh craig matthew adams uh craig matthew adams uh happens to know john francis mahoney of mahoney law balcom hills and interestingly uh ralph peligaro advanced 540 000 to the company of craig matthew adams called golden arrow international and the invoice uh for from john francis mahoney of mahoney law did not go to uh ralph ignatius palagaro or if it did it was actually paid for by craig matthew adams it gets murkier and murkier ralph ignatius paligaru borrowed this 540 000 from a company called uh franklin yeezy proprietary limited it had a an interest rate on it sit down six percent per month in default and so the the problem is you you've got to have an exit plan if you're borrowing money at six percent per month um i don't know how your maths is but let's say one percent of 540 000 per month is 5400 so if you're um in default for uh five hundred and forty thousand at six percent a month you're talking thirty thousand dollars per month of interest in default and so that's a real problem for ralph ignatius palagaro if you borrow 540 000 and come november of 2017 you discover that uh your interest if you've got one your interest in land at uh if you've got one because john francis mahoney uh prepared a deed for you uh giving you this interest in this this equitable interest in this land at worrywood uh then you want to hope like hell that uh john francis mahoney has lodged to have it and it turned out that um the circumstances will be investigated it's unknown the reasons for the delay and i'm not accusing john francis mahoney of any anything uh it's just uh he must have known that it was uh the exit plan was the exit plan for mr peligari to get his 540 000 back and noting that mr palagara would be in default if he didn't get the money back um six percent per month so it's rather important it's interesting for mr mahoney to have done his job so uh if craig matthew adams paid the bill it's also interesting who was the client was the client craig matthew adams was the client ralph ignatius peligaro and the mind boggles so that's our our good friends there australasian property group ian mayer craig matthew adams personal loans personal loans converting to company loans for no consideration uh potentially um postponing conduct on caveats uh we've got unfair preferences in greg matthew adams's bankruptcy trustee and on and on and on it goes okay quick update on our friend tony dager from uh vogue construction group proprietary limited in liquidation and our great mate max pricey of tracy yap realty uh max pricey of tracy ray yap realty is the the bloke that blocked me in the driveway at 26a hillmont crescent thornley and told me that i couldn't attend a public auction um i turned up there at about quarter past two on the particular day for a 2 30 public auction maybe it was 20 past maybe it was 25 past i don't remember but public auctions usually you know involve the public and um our great mate uh max pricey well according to realestate.com.iu as at this evening 27th of september uh 26 a hillmont is unsolved and uh you know i don't uh recall the exact date of the auction but our mate max pricey stopped me now who else did he stop from coming there's a covered 19 limitation of 20 people attending auctions so if you usually i would think if you've got 20 people attending an auction someone's going to buy it they can't all be 29 well i guess they could all be 20 neighbors but they're all pre-registered so they're really really organized like her neighbors so uh our mate what we did know max price he rings triple o he doesn't want me there so um some things uh something's seriously um bizarre is the word that i used in episode one well we've now got another villain to introduce you to this is our other mate dennis acrylic that's spelled k-r-i-l-i-c of oakville he's a electrician uh license number 193 pardon me one nine six nine seven three c new south wales uh fair trading dennis krillick uh just happens to also uh own a whole bunch of real estate in port macquarie and uh funnily enough that's that's where our mate craig adams is uh
he's got lots of connections who knows where where craig lives these days where he's residing who knows but uh unrelated person dennis acrylic uh watch this space he's a uh emerging villain and uh we'll be uh we'll be sharing some more bits and pieces now andrew saunders of saunders and staniforth a wonderful town planner valuer of uh of the town of orange uh does a whole bunch of work for the commonwealth bank uh even is good enough to give legal advice i don't know whether he's qualified i i'd love to see cv i've subpoenaed his cv uh we're in litigation with uh our friend andrew saunders he gives legal advice to people letting them know things he couldn't possibly know about existing use rights and well another week or month or however long has gone by and we still don't know whether andrew saunders has any qualifications to give legal advice so if you're a client of andrew saunders you've got any stories um about town planning mishaps uh we would love to hear from you if you know dennis krillick of um you've invested money with dennis krillick in some property development we'd we'd love to know about that vogue constructions um in liquidation apparently uh uh leave behind a trial of destruction ralph kaligaru ian jordan maya p australasian property group and that's our update on real estate and uh developer villains okay in in the corporate villains section today we're going to touch on in a little bit more detail our good friends at bike ride operations proprietary limited otherwise known as and it was previously known as a company called carnarvon cherry proprietary limited and the directors of that we did discuss them briefly last week bernard and fiona hall now we're looking at doing two class actions um in the you know in regards to bite right operations proprietary limited and uh carnavan cherry bite right happened to sell apples and cherries and they happened to sell those apples to woolworths and harris farm so you may you know if next time you pick up a pink lady apple uh check if it's a bite right apple and you know you might want to choke on that but if you don't
it's it's really something that uh you know we think has got a lot of merit so we're looking at these two uh class actions involving bike ride operations proprietary limited and carnarvon cherry uh as i mentioned the first of those is an employee class action and we came across this uh case uh involving a guy called daniel usher and that's spelled u double s h e r daniel usher and uh we noticed this in the federal circuit court of australia you know a couple of months ago and i spoke to daniel usher and daniel usher had worked some huge number of hours for carnarvon cherry now canarvan cherry seems to it's just a perception but they seem to wanting to vanish off the corporate radar and um look uh if i was being unkind i'd say that they were phoenixing into this uh company called bite right operations so um carnavan cherry has a has an interesting history and it is currently being sued by uh one of our associates called dcp litigation holdings for something like six hundred thousand dollars so i think when that case is over it's going to be very interesting to see if there's any assets left in bite right sorry in carnarvon cherry proprietary limited or if they've all been phoenixed into bite right operations proprietary limited anyway it seems that bite right operations is um now the phoenix entity and we're also looking at a glow at a grower class action and uh there's a mail out going out this week to a number of growers is about 20 or 30. we've got a lot more growers than that on our database but we think uh well it seems that they currently have something like 20 or 30 uh growers that are supplying apples and cherries into their packing shed and
one of the companies i was a director of i was only sorry i was an associate director not a director but an associate director called homeward bound holdings proprietary limited now that that company i won't tell you everything about it but that company did grow cherries and it had arrangements previously with carnarvon cherry proprietary limited bernard and fiona hall as i said are the directors of that and we say that seems to seems to be phoenixing into this company called bite right operations proprietary limited i'm going to put up a lot more information on our website about bike ride operations proprietary limited but there is a great deal of grey areas let's put it that way gray areas about bite right operations proprietary limited i will put up a uh sbs dateline transcript and i'll put up the links to the sbs dateline program and that was sometime in june and uh this company bite ride operations it must be um well let's go into murky waters let's put it that way it is according to the director fiona hall uh now she uh on sbs dateline amongst other things she admitted that this company that grows fruit uh ran out of water um at one of its orchards so i i don't know uh oh and there's a drought and there was bushfires so and there was you know record heat waves so um i also i will put up a link and i'll provide the transcript fiona blamed the drought um in an interview with uh i think they were called central west uh regional development and i'll put up the link it's uh it's on youtube you can uh you're gonna look at it and you can be the judge yourself but uh fiona didn't seem to um take the take the blame she's a allegedly a nuffield scholar fiona hall and uh fiona wasn't that keen to accept the blame for running out of water but it turns out when you're going to grow fruit you've got to start pumping sufficiently early out of your bores and you know fill your dams and all the rest so there's some questions in my mind whether she's a genuine nuffield scholar and i happen to know um and i'll put up the links fiona asked me to write the um to write the application for her nuffield scholarship i didn't i wouldn't but i do know who did write it and uh she was successful and the person that wrote it it was not fiona hall so there's some questions there about the real bona fides there i think of bernard and fiona hall bite right operations and canarvan cherry so grow a class action if you want to join our grower class action there's a link and uh if you've been growing fruit in the past uh this is maybe and i i think from the documents that i've seen and that the documents that i've assembled uh concerning homewood-bound holdings proprietary limited uh we we have questions um we fiona in sbs dateline uh claimed that her staff were paid eighty dollars a day now that seems an extraordinarily an extraordinary or seventy dollars a day seems to me to be an extraordinarily low figure what is confusing and why we think that there is scope for a growing class action is
the bills that went to the the um growers work for considerably more considerably more than 80 a day for staff in fact we've got one staff member um who has no date of birth no name sorry he has a name um i won't say his name but i might publish some details uh in fact i probably will i will publish the invoice there you go i will publish the invoice and the invoice has the person's name on it the particular person in mind uh we did some searches and this person has no date of birth according to canaan cherry it has no date of birth that person no date of birth he worked 180 something hours in the week now there only is 168 hours in the week so even if he worked every hour in the week we got billed a week being homeward bound holdings proprietary limited got billed for in excess of 24 hours a day seven days a week for this particular block so if he exists he does not have a tax file number he uh does have a tax file number exemption for being under 18 and his um so this under 18 worked more than 24 hours a day and we got a bill homewood bound holdings for 4 thousand more in excess of four thousand dollars for one week when um according to fiona on the sbs dateline they pay their stuff something like 80 a day so you go figure that out i say that there is scope for this grower class action and for those growers that want to join us and want to get want to be charged a fair sum and don't want the assets of carnarvon cherry to end up phoenixed into bite right operations proprietary limited now's the time to contact us
and we are putting together this class action as i mentioned now uh we have been talking about this for some months and uh the reason it hasn't proceeded until now was because of there was a public inquiry i'll put the links uh the uh federal government the treasurer uh ran through the commonwealth uh parliament a public inquiry into litigation funding and class actions and there was considerable unknown areas so if you're one of the uh growers to carnavan cherry proprietary limited we think we know who you are we are going to write to you you will get our emails and you will get an invitation you can also you can join up as as a as a grower and we have a very interesting um person to be the lead plaintiff so you can't be the lead plaintiff but you can be a class action member and uh we do have this afsl we've got the details of our afsl on their website
www.dcpartners.solutions and search in the afsl and you'll find the particulars of our afsl so here we are we're almost the end of another episode of season one episode two of the five hours pop podcast rogues rascals rorts rip-offs and reviewables and uh there was another r that we added today i can't remember what it was but racketeers i think that might have been it so look uh there's an endless stream of asses and we're here to shine the light on them and discuss them and
answer your questions and look through our afsl if we can help people like you to obtain a just uh outcome uh we'd be super keen to do that so uh at the end you'll see uh some contact details for us 1-300-327-123 uh you can always email us at solutions at dcpartners.solutions or talk to us in the bottom uh corner of the screen there's an instant chat there on our website www.dcpartners.solutions love to hear from you love to receive your emails if you've got any feedback on any of our horror stories if you happen to know one of our villains if you've got documents about them or anything you want to shed some light on you maybe you used to work there you want to clear your conscience however it is uh by all means come and make contact with us and we'd love to hear from you and uh we'll be seeing you very soon we've got uh oodles endless oodles of uh uh juicy tidbits for uh uh for our viewers and uh thank you very much for the uh incredible response we've had lots and lots of uh interest in the podcast so we'll look forward to producing episode three for you in the very near future thank
you
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