No Trust
JUSTICE IS COMING...
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- 22 November 2010
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Well, I think there is a bit more background to this than meets the eye. David Whyte alludes to this in his report and so does David Tucker in his affidavit's to the Supreme Court... McIvor made this demand on the directors prior to its collapse... They obviously did not pay it, much to the chagrin of McIvor... Watch this unravel and you will see that there is something suspect behind it...
McIvor won't get a cent of this money...
http://www.couriermail.com.au/ipad/...rds-tumbles-down/story-fn6ck2gb-1226174522609
McIvor won't get a cent of this money...
http://www.couriermail.com.au/ipad/...rds-tumbles-down/story-fn6ck2gb-1226174522609
They may be of interest, but then they may not be of any effect:
"Under the rules, a transaction is assumed to be made for this purpose if at the time of the transfer, the super fund member was, or was about to become, insolvent. Any records that prove the member was solvent at the time of making contributions will help prevent those contributions from being clawed back."
and this rule only applies to contributions, and it's very narrow, "was, or was about to become, insolvent" at the time of the contribution, not the loan ($3.3m). Which contribution? Such contributions (if any) were probably made from Equititrust Limited (or other corporate entities), not the fund, and could have been made years ago - personal contributions could also have been made. It seems to me that the rule relates to issues probably being dealt with by the liquidators of Equititrust Limited - issues which seem to me to be most certainly beyond the purview of David Whyte.