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The gent in question may say it - I was not at the meeting to hear if and how he said it and I find it very interesting that he should make that claim. It does not mean it's 100% rolled-gold Gospel Truth. Might I suggest you check my comments above re the not-minor roles of Greg Paramor AND the compounding effect of time in the repair of Estate Mortgage investors' monies?

As I said, time and age dims memory, but I and others who were there for that ride do not seem to recall those events quite the same way.

There may have been some urgency to commencing the class action because of the cancellation of the directors PI insurance policies, there would certainly be timeframes to be adhered to. I don't think the percentage was as high as 40% (thought it was less than 20%) but nonetheless, I would rather have 60% of something than 100% of nothing. I believe the proceeds from the class action top up what is not received from the winding up process anyhow.

Does anyone have any idea how many investors follow this thread?


Here's a reason proceedings should be commenced against Mcivor and his minions as soon as possible. In the names of MM HOLDINGS, CPT, MARK MCIVOR, SM CAPITAL, STACEY MCIVOR, JANICE MCIVOR, LPC there are TWENTY SIX (26) properties totalling $59,600,000 that's nearly $60mil that can be traced from public records. Most if these have mortgages on them but a little digging has revealed that some don't. A number of mortgages appear to be Mcivors companies doing related party loans.

It's safe to assume that the banks are already moving on the secured assets, it's more what happens to the surpluses from the sale proceeds that needs to be quarantined. Also the un encumbered assets need to be frozen. The liquidator has the powers to examine these shonks including Lady Stacey and injunct the assets and proceeds of same.

The immediate issue Albarran should address is the return of approx $333k paid to MM HOLDINGS, $250k paid to M MCIVORS GUARDIAN CAPITAL in about Feb of this year. The TRACING OF THESE FUNDS WILL REVEAL WHERE THESE FUNDS ARE HIDING RIGHT NOW. It will also reveal how Racey Stacey was able to move and pay for new digs.

Let's see if the Liquidators can do a better job of investigating these issues that a 70 year old retiree.

As for a quote in the GC Bulletin in which this delusional physciopath supports the liquidation. He apparently looks forward to the investigations that will reveal as to why the funds have had their balance sheets decimated this 2010. Well you WOMBAT, that answer is simple. The value was not in the assets since 2004/2005. It's clear now the lending practices were more than flawed they were deceptive and self serving. VALUATIONS were pumped up, complicity will be revealed during the current court action. And when previous clients are given immunity for their evidence against these career criminals the real extent of Mcivors Autocratic Rule will be disclosed.

In what world does a lender take for example a twice bankrupted and failed developer as a client, accept a valuation on a block of land that lets say is bought for $10mll then lends say 80% of the valuation which has been dubiously instructed and puts the FORWARD VALUATION at something like $80mil. When there is no evidence to support that. What lender would prudently lend 80% of a make believe number then allow the borrower to build all the interest and development costs including EQUITITRUST AND ASSOCIATED COMPANIES fees in as well. Does anybody really wonder how or why the balance sheets were impaired during this period when artificial values are then tested in a rapidly declining market. Is any one suprised that these dud properties in more locations have been less than stellar in the market place.

Does anyone have any doubt as to how Mcivor and THE FAMILY have been able to amass nearly $60mil in property and pay themselves nearly a total of nearly $90mil since 05.

There is no blurred lines here only blurred allegiances. There should be a stampede of investors to any law firm proposing class actions against these people.
Don't forget though their insurance is only $6mil per director per event and the inference of FRAUD I believe let's the insurance company off the hook. I also believe the directors previous insurer knew this which is why the policy was not renewed. Further more I also believe that because claims were not made during the period the directors were insured renders a claim against the insurance void. I'm seeking clarification from legal experts tomorrow and will post later.
 
Thanks Asick,

My understanding is yes we (Investors) are unsecured creditors. But there is some litigation that is unique to investors.

Say amending the constitution in a way which is detrimental to investors with out informing investors of the change.
Say Misleading and deceptive conduct.

I have been most impressed with the posts today Thank you.
It’s fantastic to comment on the future please.

I am in the Premium fund and accept any money I receive will be a bonus. Therefore I going back 30 years and being a day trader to recoup my losses that’s life.

It is interesting to Read the Piper Alderman contract /funding agreement. The funder can cancel funding overnight. Considering Hall Chadwick have burnt up $100,000 in legal fees a few weeks on clarification ($650,000 in total) and it is suggested Piper Alderman only has 30 Clients (Seems low to me) out of 1,600 and has not made a formal application to the court also Deloitte appointment has failed twice. If I was the funder I would be asking some difficult questions.

I am confident in time McIvor etc will be held accountable.

Thank you.
Last post from me for a few weeks.
 
The McIvor's are on the run from banks, creditors, process servers and the like. They are also trying to cover their tracks... The advertising blitz on TV and Radio in 2008, 2009 was nothing more than a scam to inject money into the funds before a closer examination revealed the impairments and massive debt. Then to top it off in the middle of this mess they wanted to raise another 50M last year. When we questioned this on this thread we were attacked by Equititrust. McIvor is hiding a lot and thats why he needs to be put in a witness chair in court... This is what he is afraid of... The results will be jaw dropping...
 
ok "Todays", enjoy the break. Perhaps you're alluding to breach of statutory duty and other bases for potential actions by the fund and/or members.

http://equititrust.com.au/Pdfs/Admi...eports - 20120412 - Circular to Creditors.pdf
Paras 10.3.1 - 10.3.5.

(The obvious sections I totally missed on my last read relating to the contingent nature of unitholders potential claims against Equititrust Limted and certain directors.)

Breach of Statutory (fiduciary) duty:
Corporations Act, s. 601FC(1)
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s601fc.html

Breach of Trust (LVR, Impudent Investments, Re-negotiated Mortgages):
Corporations Act, s. 601FC(2)
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s601fc.html

Continuous Disclosure:
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s675.html

Negligence:
https://www.dlsweb.rmit.edu.au/lsu/content/d_bus/law/business_negligence/concept/explanation.html

Misleading and deceptive conduct:
http://www.accc.gov.au/content/index.phtml/itemId/815335

There's ALWAYS more to read.
 
Seems the PFMF has suffered even more losses under Trilogy's management (Balmain Trilogy Investment Management P/L as investment manager for the fund) since 31 December 2011!

http://moneymagik.com/BTI 5028 UnitholderLetter.pdf
See paragraph headed "CBA Finance Facility'.

My guess is that the fund is now worth about $0.16 ($0.17 with $0.01 repaid in April 2012) - http://www.moneymagik.com/

It was different way back there in August 2009:
http://www.moneymagik.com/brw_speil.jpg

Don't worry too much what the promises are - it's the outcome that matters!
 
Publicly Examine McIvor in Court and have the authorities prosecute him as soon as possible... Oh and stoping McIvor and wifey Stacey traveling overseas may be a good idea... Desperate people do desperate things... Where has all the money taken in illegitimate management fees gone ???

TIME TO PAY IT BACK TO THE INVESTORS THAT HAVE BEEN RIPPED OFF...
 
Publicly Examine McIvor in Court and have the authorities prosecute him as soon as possible... Oh and stoping McIvor and wifey Stacey traveling overseas may be a good idea... Desperate people do desperate things... Where has all the money taken in illegitimate management fees gone ???

TIME TO PAY IT BACK TO THE INVESTORS THAT HAVE BEEN RIPPED OFF...


Has anyone wondered how the 40 million subordinated units came into being. That was $40mil at some stage. Certainly it would appear that Mcivor and OR'S never obtained that money ligitimately so if that's money ripped from the unit holders accounts by nefarious means then it should be returned. Certainly it shouldn't rank as a creditor nor should be allowed to be voted. Early thoughts, time and investigations will reveal the truth....MR ALBERRAN, won't they?
 
Subordinated Units

It seems the subordinated units were granted rather than real cash... It was a scam, Amanda Banton has relevant documentation from McCulloch Robertson which I believe is related to this...

McIvor did everything within his means to enrich himself and disadvantage the innocent elderly investors...

Houses all over the place on the Gold Coast and Multimillion Dollar piles in Double Bay is the epitome of greed. Where did all this come from ? The investors ledger is barren yet McIvor's is side of the ledger is full of multimillion dollar properties... You don't have to be bean counter to work this scam out...
 
The Subordinated Investment

The purpose of the subordinated investment (SI) is quite clear. The SI was used for exactly the same purpose the CPFMF was consolidated into the accounts of City Pacific Limited: to skim the fund of extra profits.

The problem for investors in some funds (especially the PFMF and perhaps in the EIF) was that the "sludge" of accrued interest (interest receivables) which would not materialize into cash and of assets which would not meet valuation when sold all sinks to the bottom, thereby causing the REAL CASH in the fund to bubble over as an excess for the taking, say by way of a SI or by way of consolidation.

There's something sinister about the SI because it gives the impression of a security even in circumstances whereby a fund may have a lot of "sludge" artificially lifting the fund's value which enables a fund to be skimmed of extra 'profits'.

But when mortgage loan interest receivables fail to materialize into cash and the sale of assets fail to meet valuations, the "sludge" disspates from the fund, and the level of REAL CASH is then apparent at a new low - sometimes at a very low new low.

It's not rocket science - and we all should give thanks to the Federal Government, ASIC, and the accounting stardards which allow the whole process to proceed unabated.
 
XX Cooper St Double Bay bought for $4.75mil on 28/11/2005 interesting the timing. A $1mil plus renovation/redecoration apparently followed the purchase. Current agents estimation $6.5mil. Now that's some holiday home.
 
SUB-ORDINATED UNITS

I did an analysis on this transaction way back in this THREAD whihc most parties ridiculed at the time.

McIvor got a Brisbane firm (whom I will not name here) to put a "value" on the fact that he had given up certian rights and agreed to lend moneys etc etc ....

this value" was credited to the associated entity loan account.

During that same year, he cashed units of about $40M - in other words, knowing that values were flawed etc and that teh fund was probbaly even then, insolvent - ripped out the cash - and then in that same accounting period CREDITED the same amount as a non-cash accoutnign credit..... so unless you looked real deeply into the movements within the capital account, you would simply see that the opening balance and closing balances were about the same - so you would not think that for a moment $40Million was ripped out....
 
Kostag

Its in everyone's interest except maybe Conivors that you provide your information and calculations to Hall Chadwick for a formal comment, to ASIC and to Ferriers who are MM's administrators. And that's just for starters. I share your belief that the find was fundermentaly insolvent back then. The investigations will show that a particular Valuation firm and one particular valuer who is WELL KNOWN TO MCIVOR AND WELL KNOWN ON THE GC conducted not only most of the companies valuations but ALL of the valuations on Conivors $60Mil private portfolio. If the funds assets were PUFFED UP, and were not bonafide.... what other words would you use to describe the valuations, I know .. DUMMY VALUATIONS, then if the true values were known and applied to the books back then,this rort would have been exposed years ago.

If it was then millions of dollars of investors funds would not have been invested or sunk and Conivor would not have had the swamp of funds to skim off. The Conspiracy started way back then .... me thinks
 
Time to move on McIvor

It's time to put the architect of the disaster in the witness box to explain where all these multimillion dollar properties have come from and why investors have lost upwards of $170M... Something stinks and the stench is coming from McIvor and wifey Racey Stacey... Greed greed greed...

EXPLAIN IT TO A COURT NOW...
 
Public Records are Revealing

A search of company records has revealed the CONIVOR is alive and well with his re birthed LANDSOLVE, can you believe it, LANDSOLVE PARTNERS LTD, sole director and shareholder Mark Mcivor registered office 47 Peak Ave, Main Beach. Wonder who is residing there or wats going on. How is this company not in receivership?

And how is it the Mcivors have not been voted off the island. Cronin Island. The rats are still inhabiting the pantries of 1, 6, 7-9....PLEASE EXPLAIN!!!!
 
Landsolve

If McIvor thinks Landsolve will save him he's madder than we all thought...

Even after being paid, Ian Maurice found it hard to swallow in those delusional videos...
McIvor's constipated performance was classic, blah, blah, blah we have a guy in China rubbish... Before McIvor made Ian Maurice take it down from You Tube it was my most favourite link to send to ASIC and the Media. I'm sure they had a good laugh as well...

Who is this guy you have in China Marky come on tell us another tale for a laugh...
 
It's all about the SERVERS

Not much goes on at the Chevron Island Rat Quarters that doesn't get noticed, so it was with much interest the sight of what appears to be the Equititrust SERVERS, we're seen leaving the office with what seemed to be the Authorities. (in suits) Maybe there on their way to be Forensically Examined. Let's hope that digital records prove harder to erase than paper. Some of the Masters Best Work will be neatly encapsulated in those 6 black boxes. And all nicely date stamped. Does anyone deserve more than Coniver to get SERVED??
 
Men in Suits

As previous mentioned on this thread, there is recovery action afoot on may fronts...

There is a lot happening behind the scenes with both the authorities and the bank's receiver's and lawyers mounting a multi pronged attack.

The only thing is McIvor and racey Stacey don't know when the legal bombs will hit... It's safe to say the assault on the ill gotten gains is underway... Shock and awe will have a new meaning in the McIvor household...
 
Process Servers

In an effort to assist the many process servers in their hunt for the elusive McIvor's, anybody spotting them on the Gold Coast may want to post their whereabouts on this site to assist the legal process moving on expediciously...

They were worried the the process servers were going to hunt them down at the meeting and didn't turn up...

The longer they avoid service the longer the legal process will take...

The sooner the various receivers start legal action the better...
 
Computer Servers

The Computer servers are an amazing thing in terms of holding information...

How about Marky and Stacey's lap top's or PC's where are they. That's company property and should be immediately confiscated.

Now the question is who took the computer server's was it ASIC, The FEDERAL POLICE, liquidators ??? Why were the authorities involved ???

How much information was removed during the Administration???

There is some serious stuff underway at the moment...

It's all about the SERVERS

Not much goes on at the Chevron Island Rat Quarters that doesn't get noticed, so it was with much interest the sight of what appears to be the Equititrust SERVERS, we're seen leaving the office with what seemed to be the Authorities. (in suits) Maybe there on their way to be Forensically Examined. Let's hope that digital records prove harder to erase than paper. Some of the Masters Best Work will be neatly encapsulated in those 6 black boxes. And all nicely date stamped. Does anyone deserve more than Coniver to get SERVED??
 
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