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Equititrust?

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When confronted with the facts, cold hard facts, not fake facts or alternative facts, but the undeniable "written documented truth", is mitigation and cooperation not the best option ???
 
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[66] In the application brought by Tucker SF Pty Ltd there were many allegations of misconduct by Mr McIvor. Mr McIvor's affidavit sworn 26 October 2011 stated that in respect of Mr Tucker's numerous allegations against him:
"I am deliberately not responding to those allegations as I do not consider them relevant to the present application. My response to those matters will occur in the fullness of time. By not responding to them in this affidavit I should not be taken as accepting the correctness of what Mr Tucker has said."
I am not in a position to resolve the allegations made by Mr Tucker against Mr McIvor.

http://www.equititrust.com.au/Pdfs/...- Application for Notice to EIF Investors.pdf
 
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6. Federal Court Examinations

I refer to the comments from my previous report dated 1 February 2017.
On 22 February 2017, our solicitors, Russells Law, appeared on behalf of the Liquidators in the Federal Court of Australia at Brisbane and secured the production of numerous documents from the following persons:
• Mr Paul Vincent, former director of the Company; • Mr Russell McCart, a former guarantor of the debts owed to the Company (as trustee of the EPF) by the Meridien Group; • Mr Jim Conomos, a solicitor who represented Mr McCart and his co-guarantors, Messrs Paul Barrett and David Roberts, in litigation brought against them by the Company, and continued by receivers appointed by MS Asia Debt Acquisition Limited (Messrs Pelden and Cook of Worrells) represented by Tucker & Cowen solicitors; • Messrs Pelden and Cook, the receivers appointed by MS Asia; and • Mr Luke McKenzie, an executive of Balmain NB Commercial Mortgages Limited ("Balmain"). For convenience, Mr McKenzie also produced, in Brisbane, documents which had been required from Balmain itself.

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Our solicitors secured access to and copies of all such documents. However, MS Asia has made a claim for legal professional privilege in respect of some documents produced by its receivers. That claim remains to be determined.¯\_(ツ)_/¯
 
There's an old saying that says "when you point the finger of guilt at someone, three fingers are pointing back at you" ...

No Trust said:
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[66] In the application brought by Tucker SF Pty Ltd there were many allegations of misconduct by Mr McIvor. Mr McIvor's affidavit sworn 26 October 2011 stated that in respect of Mr Tucker's numerous allegations against him:
"I am deliberately not responding to those allegations as I do not consider them relevant to the present application. My response to those matters will occur in the fullness of time. By not responding to them in this affidavit I should not be taken as accepting the correctness of what Mr Tucker has said."
I am not in a position to resolve the allegations made by Mr Tucker against Mr McIvor.

http://www.equititrust.com.au/Pdfs/Receiver/Remuneration/Affidavit of David Whyte sworn 19 September 2012 - Application for Notice to EIF Investors.pdf
Click to expand...
 
Misconduct can be viewed in a number of ways... Misconduct in its true sense aka " Marky Boy" McIvor's misdeeds inflicted on all and sundry including family. Then there is Miss Conduct, malevolent conduct which was missed while fingers were pointing at the proverbial murderer, the witnesses / accusers were taking the Rolex, wallet and jewelry off the deceased...
 
In the above analogy, who's worse ??? In my opinion both have committed an unforgivable crime...
 
"A court of equity will not assist a person in extricating himself or herself from the circumstances that he or she has created"
 
When you don't come to the court with clean hands, but rather blood stained ones, the court will not give a bar of soap to wash the sins away, especially if the court is a victim.
 
Liquidators have an obligation to report misfeasance to the regulator and relevant authorities.
 
History has a way of repeating itself and those who previously saved their own skin at the expense of others will do so again... Consider it a guarantee...
 
Teaching your dog to roll over is a great trick. Some dogs however have an innate ability to roll over in times of self preservation... Good doggy, ASIC has a bone for you...
 
Is a Public Examination a modern day corporate version of the Public Stocks ?

It's an interesting proposition...
 
Lawyers occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.

- Winston Churchill
 
Equititrust: pair bought finance group’s loan book for $2m ‘to make $26m’

Former Equititrust CEO David Kennedy and Brisbane lawyer David Tucker of Tucker & Cowen Solicitors allegedly bought the outstanding “loan book” of Equititrust for $2m, later allegedly claiming they expected to make a “$26m return” on the deal.


http://www.theaustralian.com.au/bus...m/news-story/b1a0d0d03d1c14d5ab15bd624016713d
 
Public Examinations / Humiliations serve their purpose too ...
 
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