Supreme Court Judgment: Mohan Kumar v Registrar General and the Torrens Assurance Fund - A Closer Look ... 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

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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