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Equititrust?

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A light needs to be shined into these financial vampire's eyes...
 
A prudent thing for the regulators to do would be to to look at all insolvency matters that Tucker is involved in, especially with Worrells to determine whether there are any other undisclosed interests / conflict of interests...
 
Side dealing in the shadows should never be condoned, ignored or left unpunished...
 
I have been highly critical of the liquidator in the past, however in this instance they have my full support... Tucker and Kennedy need to be taken down hard and exposed publicly before the courts...
 
"Death by stealth has the same end result as death by blitzkrieg"
 
"Following the receipt of information from former directors of the Company and certain beneficiaries of the EPF, provided in confidence, I commenced investigations in relation to various transactions."
 
The subject matter of the claims under investigation is highly sensitive. There are also issues of confidentiality and legal professional privilege. The claims are the subject of written opinions from two separate Senior Counsel. Those opinions, and substantial other evidence, were tendered to the Supreme Court of Queensland on the application for approval of the litigation funding agreement and the retainer of Russells. The proceedings in the Supreme Court of Queensland have, for those reasons, been sealed, by order of Justice Burns made on 1 December 2016.
 
So two separate legal opinions by Senior Counsel coming to the same conclusion. "Certain" beneficiaries of the EPF coming forward giving information to the liquidator.

Get ready folks, the unveil of the century is coming and it aint gonna be pretty...
 
"Those opinions, and substantial other evidence, were tendered to the Supreme Court of Queensland on the application for approval of the litigation funding agreement"

How did these two "f#ckwits" hope to keep this a secret... Tucker or otherwise known as "KingConFlict" I guess just couldn't keep his "cakehole" shut...

But, its about to be pried wide open soon...

http://www.theaustralian.com.au/bus...m/news-story/b1a0d0d03d1c14d5ab15bd624016713d
 
Ok, so look at the highlighted red areas. Where the Liquidator is going with this is, Peldan and Worrells knew the $250,000 placed in Tuckers Trust account was disingenuous, that it misled the court and wanted their crooked asses covered. Worrells were complicit in Tucker and Kennedy's scam...

Heads will roll...


(iv) The discussions of Mr Peldan with Mr Tucker and/or Mr Daniel Davey of Tucker and Cowen, in or about 10 October 2012, concerning:-

A. the undertaking as to damages to be offered to support an application by the Company in Supreme Court Proceedings BS 8546 of 2011, in respect of the property of Messrs McCart, Roberts and Barrett;

B. the undertaking given by MS Asia to Dalton J in those proceedings on 10 October 2012, to deposit $250,000 in the trust account of Tucker & Cowen;

C. the requirement or request by Mr Peldan of Mr Tucker that Worrells have security or some assurance for the undertaking as to damages which Mr Peldan gave to the court in those proceedings on 10 October 2012; D


No Trust said:
So the undertaking as to damages in the amount of 250,000 given to the court was basically put into one of the secret owner's of MS Asia's bank account... Was Dalton J made aware of this anomaly ? Did Tucker declare his interest in MS Asia to the Court ? Did Worrells declare to Dalton J that the lawyer acting for them was in effect an owner of MS Asia ???

If not then this was the King of Cons on the Supreme Court of Queensland...

Lets see what comes out of the Public examinations, however if the above was not disclosed then the law needs to come down on Worrells and Tucker in a cataclysmic way...
Click to expand...
 
It would be prudent for the authorities to conduct an audit of Tucker and Cowan's Trust Account. $250,000 is not an insubstantial sum. Audit will confirm whether it stayed put or went on a few walkabouts...
 
Did Worrells think no one would find out about their request for security from Tucker in regard to the undertaking for $250,000. The question now remains did Tucker and Worrells mislead the Supreme Court of Queensland ?

No Trust said:
Now why would this be asked ?

(a) The office manual, operations manual or other document setting out the policy of the firm Worrells, as at August 2012, in respect of the following matters:-
(i) credit control or financial management for new receivership appointments;
(ii) financial terms on which the firm would accept appointments to act as receivers either generally or from appointors other than banks;
(iii) when or under what conditions the firm would require security for receivers’ remuneration or expenses or liabilities;
(iv) credit control or financial management of appointments which were referred by Tucker & Cowen;

All will be revealed on the 26th of May 2017 when the
Click to expand...
 
Tick Tock
Tucker or "King ConFlict" has been a very "naughty boy"




(c) The statements or extracts from remittance advices, ledgers or other documents recording the name or names of the persons who deposited the sum of approximately $666,667.00 into the Tuckerloan Account on or about 11 July 2012, their address and the bank accounts from which the sum was deposited and all and any other information identifying the persons who deposited that sum (“the Originating Accounts”);

(d) The bank statement for the Originating Accounts for the period from 19 June 2012 to and including 12 July 2012;

(e) Any other documents (including emails from David Tucker, transfer instructions, remittance advices or deposit record) which evidence or record the source of funds to enable Tuckerloan Pty Ltd to pay from the Tuckerloan Account on 11 July 2012 the sum of $666,667.00 to the Balmain Trust account

https://www.comcourts.gov.au/file/Federal/P/QUD944/2016/3777218/event/28864728/document/928762
 
Tucker pretended to be the investor's messiah instead he turned out to be a "very naughty white collared boy" who's about to get into a lot of trouble...
 
Another savvy media type of the current affairs variety, seems to be sniffing around the Supreme Court files relating to Tucker and Kennedy... To put it politely this media type was not impressed with Tucker and Kennedy's little nefarious foray into entrepreneurship at the expense of innocent investors. The biggest thing this media type told me stood out was "what about CONFLICT OF INTEREST" WTF were these two thinking...
 
Imagine, just imagine what kind of an A##hole does this to an old man: McIvor, thought it was fun and look what happened to him... McIvor was warned his world would collapse around him, did he listen. No ...

Tucker thought he could double down and take his master McIvor down and have even more fun, now look what's happening to him.

Disclosure Time
"Davey Boy" its your time to shine in the spotlight son... Pull out your files and pull down your pants along side your coconspirator's Worrells and let the Federal Court and the world see what you guys were actually up to.

A merciless bludgeoning via (Public Examination) before the court is what's called for, when lawyers, and "so called" independent insolvency professionals think and act as though they are above the law...

"Fronting examinations in the Federal Court in Sydney yesterday, retired property developer William Hayes said he had borrowed “about $30m” from Equititrust but his businesses soured and he was unable to repay the debt.

Mr Hayes said he had been contacted by Mr Kennedy and Mr Tucker, who were enforcing outstanding debts, and made to leave his $2m home on Sydney’s northern beaches. He said Mr Tucker, who had flown from Brisbane to Sydney to check the home had been left in an appropriate condition for sale, said he and Mr Kennedy had bought the Equititrust Income Fund loan book and were “looking to wring as much from it as we can”.
“It was galling for me that he would come down and act like a smart arse when he was taking my house from me,” he said.

http://www.theaustralian.com.au/bus...m/news-story/b1a0d0d03d1c14d5ab15bd624016713d
 
This was an inside job... I've just been informed that Tucker and Peldan and their wives are all buddies...
Where on earth is the independence in this system any more ??? Its become a joke...
Its no wonder Worrells were amiable to morals and ethics being bent in favor of a "mate"... Be careful, remember McIvor was once Tucker's mate and look what happened there.

The investor's in all of this greed driven orgy of financial depravity were thrown into the pit...
 
WW4 has been declared...

The "Day of Reckoning" has begun...

upload_2017-6-15_15-18-31.png
"Champagne Lifestyles" for some... Let the investor's eat cake...

(Now the court wants to see Jennifer Tucker's bank Statements) see below :


https://www.comcourts.gov.au/file/Federal/P/QUD944/2016/3777218/event/28977661/document/979446

THE COURT ORDERS THAT:
Pursuant to subsection 597(9) of the Act, that the following persons and entities are directed to produce at the examination of DAVID ROBERT WALTER TUCKER, at 10.00 am on 11 July 2017, the following books in his possession relating to the Company or its examinable affairs:

1. In the case of DAVID ROBERT WALTER TUCKER, the following documents:

(a) In respect of the file maintained by Tucker & Cowen for the Company “Equititrust re Directorship”, matter no DRT/1008556:-
(i) Any written retainer agreement for that file;
(ii) All correspondence on that file;
(iii) All file notes, diary notes and the like recoding attendances by Mr Tucker or any other solicitor at Tucker & Cowen;
(iv) All other documents filed on or saved to that file;
(v) The work in progress ledger;
(vi) Bills rendered on that file;
(vii) Receipts for fees paid on that file;
(viii)The trust account ledger;

(b) Agendas, board papers (and notes made thereon) for all and any meetings of directors of the Company which Mr Tucker attended at any
time from 1 July, 2009 including but not limited to meetings on 14 September, 2011, 12 October, 2011 and 17 October, 2011; (c) Any memoranda, diary notes, files notes, records or minutes of meetings, PowerPoint presentations, letters, facsimiles, emails or any other correspondence prepared by, or sent or received by, Mr Tucker, concerning meetings with officers of the BOSI on or after 1 July, 2009, including but not limited to a meeting on or about 7 October 2011;

(d) Any memoranda, diary notes, files notes, records or minutes of meetings, PowerPoint presentations, letters, facsimiles, emails or any other correspondence prepared by, or sent or received by, Mr Tucker, concerning meetings with officers of ASIC, on or after 1 July, 2009, at which the affairs of the Company were discussed, including but not limited to a meeting on or about 10 October 2011;

(e) Written summaries or outlines of submissions prepared by Mr Tucker, or otherwise relied on by him or the party for whom he appeared, in the following proceedings:- (i) proceedings No BS 8546 of 2011 in the Supreme Court of Queensland; (ii) proceedings No BS 9534 of 2011 in the Supreme Court of Queensland; (iii) proceedings No BS 10478 of 2011 in the Supreme Court of Queensland;

(f) Any trust deed or other instrument in respect of the shares in MS Asia;

(g) Any trust deed or other instrument in respect of the property of MS Asia;

(h) Any shareholders agreement in respect of MS Asia;

(i) Any partnership agreement in respect of the business of MS Asia;

(j) Any joint venture agreement in respect of the business of MS Asia;

(k) Any document recording or discussing or negotiating any agreement, arrangement or understanding as to:- (i) the beneficial ownership of the shares in MS Asia;

(ii) the beneficial ownership of the property of MS Asia; (iii) the sharing of the income or profits of MS Asia;

(l) Any memoranda, diary notes, files notes, records or minutes of meetings, letters, facsimiles, emails or any other correspondence passing between Mr Tucker and any of:- (i) Mr Kennedy; (ii) Thomas Brian Croagh; (iii) Ian John Pearson in relation to;
(iv) the incorporation or registration of MS Asia; and/or

(v) the respective roles of Mr Croagh and Mr Pearson;

(vi) the remuneration or other reward of Mr Croagh and Mr Pearson;

(m) Any memoranda, diary notes, files notes, records or minutes of meetings, letters, facsimiles, emails or any other correspondence passing between Mr Tucker and Mr Kennedy (or Oceania Mortgage Services Pty Ltd) recording or discussing or negotiating:-

(i) the acquisition by MS Asia (or of an entity controlled or to be controlled by Mr Tucker and/or Mr Kennedy) of the BOSI Debt;

(ii) the assignment by AET SPV Management Pty Ltd as trustee of the Lawson Trust to MS Asia of the Company’s indebtedness to BOSI;

(iii) the identity of the beneficial owner or owners of MS Asia;

(n) Any memoranda, diary notes, files notes, records or minutes of meetings, letters, facsimiles, emails or any other correspondence sent or received by Mr Tucker in respect of the negotiation, settlement and his acting for MS Asia as to its acquisition of the BOSI Debt;

(o) Any memoranda, diary notes, files notes, records or minutes of meetings, letters, facsimiles, emails or any other correspondence prepared, sent or received by Mr Tucker in respect of the appointment by MS Asia of Michael Richard Peldan and Christopher Richard Cook as receivers; (p) All bank statements of MS Asia in respect of funds received from or on account of the Company as trustee of the EPF; (q) All and any financial statements of MS Asia; (r) All and any income tax returns of MS Asia; (s) General ledger of MS Asia; (t) General ledger of any trust of which MS Asia is trustee and of which Mr Tucker or Mr Kennedy is named as a beneficiary;
(u) All and any letters, emails, memoranda, notes, correspondence or other documents passing between Mr Tucker and Mr Kennedy recording:- (i) withdrawals from any bank account of MS Asia; (ii) distribution of funds of MS Asia. (v) Tucker and Cowen trust ledger maintained for MS Asia, no DRT:1204172; (w) All and any trust account authorities for transactions on trust account DRT:1204172; (x) Tucker and Cowen trust ledger maintained for Worrells Solvency and Forensic Accountants, no DRT:1303281; (y) All and any trust account authorities for transactions on trust account DRT:1303281; (z) Loan account ledger maintained by or for MS Asia, recording the indebtedness of the Company as trustee of the EPF; (aa) All documents recording the source of all funds credited to such account; (bb) All documents recording the payees of all funds debited to or withdrawn from such account; (cc) All and any documents recording or evidencing any default by the Company under its loan facility with BOSI between 1 December 2010 and 28 February, 2011 (referred to in a spreadsheet entitled “EPF Debt Balance to MS Asia” as “PAYMENT DEFAULT OCCURS”); (dd) All and any documents entitling BOSI or MS Asia to charge the Company a “risk fee” on such loan facility; (ee) All and any documents recording the source of the payment of the sum of $2,000,000 credited to such loan account on or about 15 August, 2012, including, without limiting the generality of the foregoing:- (i) Any agreement by the Company, MS Asia, Mr Tucker and/or Tucker & Cowen with the person who paid such sum; (ii) Correspondence passing between any of the Company, MS Asia, Mr Tucker and/or Tucker & Cowen and the person who paid such sum, in the period from 1 July 2011 and 15 August 2012;

(ff) Any written retainer agreement between Tucker & Cowen and MS Asia; (gg) Any written retainer agreement between Tucker & Cowen and either of:- (i) Messrs Peldan and Cook; or (ii) Worrells, concerning MS Asia or the affairs of the Company. (hh) Income tax returns of Mr Tucker for the years ended:- (i) 30 June, 2013; (ii) 30 June, 2014; (iii) 30 June, 2015; and (iv) 30 June, 2016; (ii) Any statement of the assets and liabilities or statement of financial position of the following persons in any period from 1 July, 2013 for any of: (i) Mr Tucker; (ii) Mr Tucker and his wife Jennifer Tucker jointly; (iii) Any superannuation fund in which Mr Tucker has an interest, (jj) Financial statements and income tax returns of the following persons for the years ended 30 June, 2015 and 2016:- (i) TCS Solicitors Pty Ltd; (ii) Tucker & Cowen solicitors; (iii) Tucker SF Pty Ltd; (iv) Tucker SF Pty Ltd as trustee of the Tucker Superannuation Fund; (v) Tuckerloan Pty Ltd; (vi) Tucker Finance Pty Ltd; (vii) Tucker Finance Pty Ltd as trustee of the Tucker Finance Trust; (viii)Tucker Property Pty Ltd; (ix)Tucker Property Pty Ltd as trustee of the Tucker Property Trust; (x) Vikwood Pty Ltd; (xi) Vikwood Pty Ltd as trustee of the Vikwood Trust; (xii) David’s Corporate Beneficiary Pty Ltd; (xiii) Tucker SFPT Pty Ltd; (xiv) Camp Seabee Properties Pty Ltd; (xv) 35 Chasely Street Auchenflower Pty Ltd;

(kk) The most recently received bank statements for:- (i) Mr Tucker; (ii) Mr Tucker and his wife Jennifer Tucker jointly; (iii) TCS Solicitors Pty Ltd; (iv) Tucker & Cowen solicitors; (v) Tucker SF Pty Ltd; (vi) Tucker SF Pty Ltd as trustee of the Tucker Superannuation Fund; (vii) Tuckerloan Pty Ltd; (viii) Tucker Finance Pty Ltd; (ix) Tucker Finance Pty Ltd as trustee of the Tucker Finance Trust; (x) Tucker Property Pty Ltd; (xi) Tucker Property Pty Ltd as trustee of the Tucker Property Trust; (xii) Vikwood Pty Ltd; (xiii) Vikwood Pty Ltd as trustee of the Vikwood Trust; (xiv)David’s Corporate Beneficiary Pty Ltd; (xv) Tucker SFPT Pty Ltd; (xvi) Camp Seabee Properties Pty Ltd; (xvii) 35 Chasely Street Auchenflower Pty Ltd; (ll) Undertakings as to damages or financial undertakings of any kind given by Mr Tucker in favour of any of the following persons in respect of court proceedings in which the Company was plaintiff since 30 June, 2010:- (i) Messrs Peldan and Cook; (ii) Worrells; (iii) the Company; (iv) MS Asia; (v) Any court; or (vi) Any defendant in any such proceedings; (mm) The document(s) by which MS Asia appointed Mr Kennedy as its attorney; (nn) The spreadsheets (printed and in native format) sent from time to time from Mr Tucker (or others at Tucker & Cowen) to Mr Peldan (or others at Worrells), whereby he or they advised the amount of the debt due by the company to MS Asia;

(oo) Covering emails or other correspondence forwarding such spreadsheets to Mr Peldan or his staff; (pp) The memoranda, diary notes, file notes or the like of attendances by, or emails from, Mr Tucker to the author identified in Tucker & Cowen as “DZH” of a spreadsheet entitled “EPF Debt Balance to MS Asia” created on 26 July, 2012; (qq) All and any emails, facsimiles or other correspondence with any of the following persons discussing, drafting or commenting on the terms or proposed terms of a letter to the investors in the EPF, dated 1 September 2014 purportedly sent by the “MS Asia Group” and signed by Mr Croagh:- (i) Mr Kennedy; (ii) Mr Thomas Croagh; (iii) Mr Ian Pearson; (rr) all invoices charged by Tucker & Cowen and TCS Solicitors Pty Ltd to any of the following persons on and after12 July 2102:- (i) MS Asia; (ii) Messrs Peldan and Cook; (iii) the Company as trustee of the EPF; (ss) All and any trust account ledgers maintained by Tucker & Cowen or TCS Solicitors Pty Ltd in respect of all and any claims by or for the benefit of the Company as trustee of the EPF on and after 30 June, 2009. (tt) In respect of the company, MS Asia (CPH) Pty Ltd:- (i) all and any documents recording or referring to the business or proposed business of the company; (ii) all and any documents recording or referring to or the purposes for incorporating the company; (iii) agreements to which the company was party; (iv) all and any documents recording or referring to the assets or liabilities of the income or expenses of the company.
2. In the case of TCS SOLICITORS PTY LTD ACN 610 321 509 the following documents:

(a) Financial statements and income tax returns of TCS Solicitors Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of TCS Solicitors Pty Ltd. (c) Tucker and Cowen trust ledger maintained for MS Asia, no DRT:1204172; (d) All and any trust account authorities for transactions on trust account DRT:1204172; (e) Tucker and Cowen trust ledger maintained for Worrells Solvency and Forensic Accountants, no DRT:1303281; (f) All and any trust account authorities for transactions on trust account DRT:1303281; (g) All and any trust account ledgers maintained by Tucker & Cowen or TCS Solicitors Pty Ltd in respect of all and any claims by or for the benefit of the Company as trustee of the EPF on and after 30 June, 2009.
3. In the case of TUCKER SF PTY LTD ACN 149 756 954 IN ITS OWN RIGHT AND AS TRUSTEE OF THE TUCKER SUPERANNUATION FUND the following documents:- (a) Financial statements and income tax returns of Tucker SF Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of Tucker SF Pty Ltd.
4. In the case of TUCKERLOAN PTY LTD ACN 101 109 157 the following documents:- (a) Financial statements and income tax returns of Tuckerloan Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of Tuckerloan Pty Ltd.
5. In the case of TUCKER FINANCE PTY LTD ACN 158 379 867 IN ITS OWN RIGHT AND AS TRUSTEE OF THE TUCKER FINANCE TRUST the following documents:- (a) Financial statements and income tax returns of Tucker Finance Pty Ltd for the years ended 30 June, 2015 and 2016; and

(b) The most recently received bank statements of Tucker Finance Pty Ltd.
6. In the case of TUCKER PROPERTY PTY LTD ACN 606 800 953 IN ITS OWN RIGHT AND AS TRUSTEE OF THE TUCKER PROPERTY TRUST the following documents:- (a) Financial statements and income tax returns of Tucker Property Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of Tucker Property Pty Ltd.
7. In the case of VIKWOOD PTY LTD ACN 082 955 799 IN ITS OWN RIGHT AND AS TRUSTEE OF THE VIKWOOD TRUST the following documents:- (a) Financial statements and income tax returns of Vikwood Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of Vikwood Pty Ltd.
8. In the case of DAVID’S CORPORATE BENEFICIARY PTY LTD ACN 097 290 769 the following documents:- (a) Financial statements and income tax returns of David’s Corporate Beneficiary Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of David’s Corporate Beneficiary Pty Ltd.
9. In the case of TUCKER SFPT PTY LTD ACN 150 746 606 the following documents:- (a) Financial statements and income tax returns of Tucker SFPT Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of Tucker SFPT Pty Ltd.
10. In the case of CAMP SEABEE PROPERTIES PTY LTD ACN 121 190 636 the following documents:- (a) Financial statements and income tax returns of Camp Seabee Properties Pty Ltd for the years ended 30 June, 2015 and 2016; and

(b) The most recently received bank statements of Camp Seabee Properties Pty Ltd.
11. In the case of 35 CHASELY STREET AUCHENFLOWER PTY LTD ACN 165 830 204 the following documents:- (a) Financial statements and income tax returns of 35 Chasely Street Auchenflower Pty Ltd for the years ended 30 June, 2015 and 2016; and (b) The most recently received bank statements of 35 Chasely Street Auchenflower Pty Ltd.

Date that entry is stamped: 14 June 2017
Subsection 35A (5) of the Federal Court of Australia Act 1976 (the Act) provides that a party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection 35A (1) of the Act may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power. Rule 3.11 provides that a party may apply to the Court under subsection 35A (5) of the Act for review of the exercise of a power of the Court by a Registrar and that any application must be made within 21 days after the day on which the power was exercised. A party seeking a review can apply to the Court to dispense with any requirement of the Rules (Rule1.34).
- 11 -
Prepared in the Queensland District Registry, Federal Court of Australia Level 6, Harry Gibbs Commonwealth Law Courts, 119 North Quay, Telephone 07 3248 1100
 
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