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Equititrust?

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This letter from Stephen Russell who has to be commended as being a fantastic lawyer is a ball tearer...

He doesn’t miss either Tucker or Cowan in his fiery rebuke in what he describes as shadowy defences and phantom costs agreements...

Stephen Russell has them fenced in and now they have to stump up the material which as at 14 January 2019 has not been provided...
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No Trust said:
After reading the 112 page Statement of Claim against Tucker & Cowan, I can see why they are trying to rack up as much legal fees on the liquidators and litigation funder Vannin as possible... They don’t want this to go to trial...The evidence against Tucker & Cowan solicitors is beyond compelling...When you throw in wannabe triad member David Kennedy threatening borrowers with murderous Chinese criminals - we know we have passed into to the realms of the absurd...
For two lawyers who are also accountants they are pretty sh#t at covering their tracks and keeping their “pie holes” shut...
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You couldn't make this **** up - this thread reads like a novel - the sad part is it's not fiction.

Skate.
 
Your absolutely right Skate... Yet it’s all played out in excruciating detail in documents and detailed pleadings lodged in the Supreme Court of Queensland.

When I showed serious minded, ”international business people” overseas, what had occurred they said the same thing.... This could be a movie script...

The question is who would play an uncharismatic, humourless, speech impeded, hairliped accountant, pretending to be a triad enforcer for a murderous Chinese criminal in Honkers with an usual hankering for buying distressed debt assets in Australia ???

Then we have the other casting dilemma as to who would play the lawyerly Count without the “o” who attempts to defy the laws of legal physics and “in conflict” act for f#cking everyone...

One things for sure, after Stephen Russell’s legal manoeuvres and ball tearing letters - Tucker’s tighty tight bike shorts will never fit the same again...

BTW... KUDOS to Stephen Russell... Should be named lawyer of the year...


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Skate said:
You couldn't make this **** up - this thread reads like a novel - the sad part is it's not fiction.

Skate.
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Where are the Trust Account authorities ??? Stephen the “Russell Terrier” has been tenaciously digging and digging for the missing bone of the Equititrust Premium Fund skeleton, buried somewhere in a Sassafras Street “The Gap” backyard ...

If there’s nothing to hide, why not produce the Trust Account Authorities ???

Hang on, will those disbursements line up with the statutory accounts that Worrells filed every 6 months with ASIC ??? Remember Worrells had approximately $500,000 directly lodged into their Trust Account...

With the court documents now released the scale and audacity of the scheme is out there for the public to make up their own minds as to what happened to the elderly investor funds...

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http://apps.courts.qld.gov.au/esear...Court=SUPRE&Filenumber=7399/18&edocsno=103275
 
Below :
Tucker the Thieving Fraudster (Copied from above)
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Below :
LEFT - Tucker the Thieving Fraudster who advises Criminal Thieving Fraudsters.
MIDDLE - Innocent bystander.
RIGHT - Tucker's Best Mate & Client - Criminal Thieving Corporate & ATO Fraudster.

Do you want to know more, simply ask me ....
HINT : "In the footsteps of Christopher and Pixie, Mallorca here we come 1f642.png"

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Tucker’s “new” protector, Ben Cohen’s attempt at spin saying that the pleadings have been amended a number of times, as if its been a set back for the liquidators, is full of crap... The pleadings were all allowed to be amended by judges at each stage, which is a normal process, and another pleading was allowed to be amended on application by the liquidators as it was out of the statutory time period. Justice Bowskill allowed the amendment...

As far proceedings being discontinued against five defendants, this is again a normal occurrence. Any capable law student will tell you that in litigation a wide net is always cast to capture anyone with potential involvement. DAVID HEINER SCHWARZ, JUSTIN OTTO MARSCHKE AND DANIEL GREGORY ARTHUR DAVEY all work for Tucker and Cowan and some had the title Partner listed bedside their name, some time back. It was for them to prove whether they were equity partners and shared in any profits and or side deals. Their affidavits extricating themselves filed in court speak for themselves in distancing themselves from any profit sharing arrangements of any kind, with some saying that they were partners at the time in name only. So nothing unusual here in the discontinuance against these three...

In terms of the discontinuance against David “Triad” Kennedy and MS ASIA, it appeared that service of both was proving impossible, so to not waste time and hold up the proceedings, incurring further expense, the proceedings were discontinued against both and the proceedings against the main players were expedited by placement on the commercial list.

It’s all explained here :

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http://www.equititrust.com.au/Pdfs/Liquidator/Liquidators Reports - 20190820 - Report to Creditors.pdf

Good try “Benny Boy”, but I’d stick to stumping up with the Trust Account authorisations and Phantom Costs Agreements...
 
So investors money is misappropriated, shifted offshore, Tucker in the Federal Court, under examination, says he doesn’t know where the money has gone, has never chased it up, then says if you sue me for it, and have the temerity to win, I’ll declare BANKRUPTCY...

I don’t think its gonna be that simple... As useless as ASIC is, they may have a say...
As useless as the Queensland Law Society is - taking into account Tucker’s and Ben Cohen’s prior involvement there, they may have a say... As useless as the Queensland Legal Services Commission is, they may have a say... As useless as the Office of the Director of Public Prosecutions Queensland is, they may have something to say... As useless as the Office of the Commonwealth Director of Public Prosecutions is, they may have something to say...

The media, both state and “national” in terms of this story and associated historic Equititrust fraud, are going to be like a peg, hammered into frozen ground. Immovable - UNTIL JUSTICE IS DONE.

This is just a taste of what’s to come in the coming months. Ramping up to “national exposure” on a major television network. If your curious, here’s a hint, take a look at the St Kevin’s Melbourne expose of historic abuse. The aftermath of heads rolling at the school, after the story aired, was played across every television network in Australia.

The same will happen in regard to Equititrust, if fraud is concealed by those who should be at the forefront of preventing it, then their “national exposure” will be of their own doing...

The Take Down has officially begun...

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Even judges are not immune to being held accountable for a delay of over 6 years in doing what they are required to do... Other judges stepped in and justice was served...

Given this recent Queensland case, I’m certain that the judiciary in any future court proceedings are going to be asking serious questions of parties who have purposely delayed fulfilling their statutory duties for a period double the above time frame of 6 years, and then some ???

The judges said the delay brought the administration of justice into disrepute.

The same could be said of “any professional service provider” with statutory duties, who did not fulfil their obligations for a period significantly longer than 6 years. A delay of this magnitude is more than extraordinary and deplorable...


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Do tell... More revelations are emerging daily...

Triple_Witching said:
Below :
Tucker the Thieving Fraudster (Copied from above)
View attachment 100589

Below :
LEFT - Tucker the Thieving Fraudster who advises Criminal Thieving Fraudsters.
MIDDLE - Innocent bystander.
RIGHT - Tucker's Best Mate & Client - Criminal Thieving Corporate & ATO Fraudster.

Do you want to know more, simply ask me ....
HINT : "In the footsteps of Christopher and Pixie, Mallorca here we come 1f642.png"

View attachment 100592
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Tucker & Cowan’s efforts to run up costs and have the other side give up the claim have exploded in their faces... One look at the court file and the extent of documents and applications filed before defences were lodged by Tucker & Cowan shows the extent that they went to, to have the claims against them struck out and the patently obvious effort to run up costs..
Justice Helen Bowskill could see right through them, and in her extraordinary judgment last year, detailed reasons why the matter should go to trial. One of her criticisms related to the Tucker and Cowan defendants overly voluminous affidavit material.

We are now at the business end of things and judges are ordering Tucker and Cowan to front up with documents that they have refused to hand over in excess of a year...

The question now is, how long can Tucker & Cowan endure.
 
Tucker stopped representing himself for a reason late last year... The gravity of a judgement against him, with all the potential flow on effects, apart from just declaring himself bankrupt obviously dawned on him.
I’m sure, whatever the outcome there will be appeals but the matter will end one day just as it did for McIvor.
For years ASIC being the lazy, useless, pathetic public servants that they are, did nothing about McIvor. But then came a point where they had no choice and had to do something. Hence McIvor being banned for life.

The same day of reckoning will come in this case too, with ASIC and the Queensland Legal Services Commission closely watching a play by play of the current proceedings.

If there is any doubt about the fact that that are watching, let me emphatically confirm that they have received formal notification of the proceedings and I’m sure are reading the media updates along with this forum...
 
Liquidity
In our assessment of the current situation, it appears that defendants in this action are becoming increasingly in need of hard cash (In Australia). The attempts to have approx $86,000 in costs paid, whilst the Liquidators costs against them are still being assessed, wreaks of the smell of death, in terms of liquidity.

Brisbane Legal Circles
It’s no secret in Brisbane Legal circles, that Cowan has been bitching and moaning, that the onslaught of media reporting is causing him embarrassment and affecting his ability to attract and maintain clients... Well boo f##king hoo... I’m sure all the people who Cowan mercilessly pursued over the years will all be lining up to donate to a fund to help him stave off the “mean and merciless” Mr Stephen Russell... NOT

For Tucker to call in some of the money he stashed overseas, firstly he would have to regain his memory as to where it is, and claw it back into the jurisdiction to pay for huge upcoming legal costs...
Problem with that is, the money will be tracked, as will the mechanism used to bring it back to the land of OZ... You can only shove so much into your tighty tight bike shorts from your overseas sojourns...

Like the dying days of Equititrust, when the pressure piled on, the banks started to exit and not renew loans. Distancing themselves from the controversy. This element and the fact that liquidity pressures will only get worse, will predictably lead to the sale of property and assets linked to the defendants. The preparation for this may already be in the works. Tick Tock

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