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Equititrust?

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So the proceedings are at the disclosure stage and Tucker is already stating that documents had been destroyed... BULLSH#T... How convenient for the miscreant to have had the documents destroyed... There are digitally preserved copies of all documents held on hard drives... If he doesn’t front up with the “destroyed” documents then a forensic sweep of his and Cowen’s “parallel” IT system will do the job... Look what they dug up in NSW today... ITS NO WONDER THAT ASIC ARE NOW LOOKING INTO THESE TWO MISCREANTS...

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The fact that this “massive court” case is proceeding against Tucker and Cowen, despite all their attempts to have the matter struck out, is a BIG DEAL... I do not think there is a precedent for solicitors being sued for diversion of a clients funds, from their trust account, in the amounts involved in this case... The trial will garner massive media attention nationally... I CAN GUARANTEE THAT BOYS ???
 
Tucker and Cowen wonder why their staff keep leaking information to the media and “others”...
When will the mystery USB stick surface... ??? Here’s a clue - at the worst possible time, that’s when... ???
 
Here is an extract of Tucker’s lawyer, Ben Cowen’s affidavit which which would have you believe that proceedings had been stayed... This is not correct because “facts matter”... The proceedings have not been stayed in any way. The security for costs approximately $2M have been paid into court and the matter was before the court on 25 November 2020 for review and and are back before the court on 9 February 2020.
The simple fact is, both Tucker and Cowen thought up until 4.09pm on 1 October that they were both off the hook and that the $2M in security costs was not paid into court. Alas not... Stephen Russell played a cruel yet very satisfying game with the two miscreants and only informed their lawyers at the vey last minute that funds for the security cots orders were in pace as per the court orders... A nightmare scenario for both Tucker and Cowen....

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What has Tucker and Cowen’s knickers in a twist however, is the fact that the $2M was paid into court on the last day it was due and in CASH...

Tucker’s lawyer Ben Cohen is now demanding to know there the money came from and wants a Trust Account receipt from Russsells Lawyers. This is analogous to applying for a bank loan, being approved and having the money paid out on settlement and then questioning the bank to provide you a trust account receipt as to where they sourced the funds... Bottom line its irrelevant, the money was paid. The arguments as to where it came from are nothing but a sign of the utter shock and disbelief of Cohen’s clients that the $2M was actually paid into court “in cash” and they will now have to:

1. Go to full trial with the related public and media exposure.

2. Have to most likely spend in excess of the $2M estimated to be their costs up to and including
trial.

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Ben Cohen’s assertions that the proceedings are stayed is utter nonsense... Just saying that the proceedings are stayed because his client is still in denial, does not make it so in reality...
Running a Rudy Giuliani argument is analogous to “We Won the Election” “Stop the Counting” ,replaced with “the Proceedings are Stayed” ,“Where did the Money Come From”, is not dealing in reality. The fact that his client cannot deal with this reality is irrelevant to the court.
The proceedings before the Supreme Court of Queensland (review) proceeded on 26 November and will be reviewed again on 9 February 2021.

Cohen even provided a supporting affidavit for orders being sought by Tucker to avoid electronic discovery, (which was agreed to) because uploading the documents is estimated by “them” to cost $653,240... Yes an eye watering amount, but electronic discovery was agreed to, so tough titties. The Liquidators paid the $2M into court in cash, why should Tucker and Cowen have the manner of discovery (which they agreed to), (but never thought they’d have to undertake) be changed to shift the cost to Stephen Russell and his team to do manually... Essentially using the old lawyers trick of burying the evidence in a mountain of papers...

All of this demonstrates the reality that the proceedings are roaring ahead and are not STAYED in any way at all.... Cohen’s client, the Donald Trump of solicitors, needs to face reality and the fact that he fell into Stephen Russell’s Bear ? Trap... The fact that he held off telling Tucker’s Solicitor about the payment of the $2M in security costs until 4.09pm on the last day it was due is still cracking me and many others up... ???



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The rank hypocrisy of Tucker and his solicitor, a former cohort of the dark arts at the QLD Law Society, is quite frankly nauseating... Tucker and Cowen did not provide Trust Account receipts to Russell's (regarding their dealings with Equititrust investors money) for close to a year and only did so after the court ordered them to...

Lets get one thing clear here, Tucker and Cowen are being sued for using their trust account to send money belonging to their clients overseas to a corporate entity, of which Tucker admitted he was a direct beneficiary... Remember his Federal Court Public Humiliation... He then went onto say, he does not know where the money is...

For a grub who worships money, its gratifying to watch Tucker get f*cked over by cold hard cash... Remember "Davey Boy", money talks and bullsh*t walks and you are about to do a lot of walking. The security costs money that he whined about like a little b*tch was shoved into Tucker's proverbial legal "pie hole" and now he can't come to terms with the fact that his strategy to obstruct the proceedings going forward failed... Karma's a b*tch...

Stephen Russell and his firm have no duty whatsoever to provide Tucker with the Trust Account Receipt of the originating funds coming into their account...
The fact that the trust account receipt clearly states that the money came from Equititrust is more than enough... Yet the conspiracy theories abound in "Tuckers's head" that there was some side deal regarding the funding... Obviously the good old side deal is something that "Davey Boy" know all about and being the pathological narcissist he is, then projects that on everyone else...

Russell's appear for all intents and purposes to be a highly reputable law firm. I would trust their Trust Account procedures and adherence to the law...
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As I said and as the Order of Justice Bond confirms below, the proceedings are not stayed... See reality like gravity exists... :)

An ominous sign of future defeat, is evidenced by the fact that Tucker and Cowen want to apply to the court to have their insurers and "other third parties" joined to the proceedings.. THE PROVERBIAL SH*T HAS HIT THE FAN as I predicted it would... Anybody want to have a friendly wager on the outcome of this court case :) Note: Offer to take bets is extended to Tucker and Cowen, who will be offered special side deal odds..

Bond J in his order has given the miscreants until 17 December 2020 to make this desperate application... THIS THING IS NOW MOVING LIKE A WILD BUSH FIRE...

The costs that Tucker and Cowen will have to (personally incur) from now on, will be catastrophically astronomical... It also appears that there was no reprieve on the discovery being done electronically by Tucker and Cowen... YIKES that will be eye-wateringly expensive...

 
The attached order of Bond J, demonstrates that he is keeping the litigation running at a furious pace from now on... Note the highlighted section regarding Tucker and Cowen joining their insurers to the litigation as third parties... He’s given them iuntill 18 December 2020, (which is the last sitting day on the court calendar) to make the application... If the application does proceed, it will be interesting to see what the insurers will have to say about it...

The fact that insurers are contemplated being joined to the proceedings by Tucker and Cowen, indicates that there is blood in the water and the sharks ? have started to circle...

So instead of paying for the their own misdeeds, Tucker and Cowen yet again want to pass it off to someone else... Their next professional indemnity renewal, if granted, will be a nightmare...

To sum it all up folks, a “Sh*t Show in the F*ck Factory” ?

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It’s been clear to all those involved in the legal profession that both Tucker and Cowen have tried to used every tool in their box ? of dirty tricks to:

1. Delay the proceedings against them.

2. Avoid discovery.

3. Avoid a trial where prima facie evidence
will be given against them in open court.

The dirty tricks failed miserably...

The witness list for trial will interesting... You never know who will pop up out of nowhere with evidence.
 
Tucker and Cowen had every opportunity to join their respective insurers to the action over the course of a two year period but failed to do so. The perception in them joining their insurers is not good, and they knew that.

Having failed miserably to have the matter struck out of court with all kinds of legal machinations, they now, at the very last minute seek to join their insurers to the action against them... WHAT DOES THAT TELL YOU...
Justice Bond has only given them till 18 December 2020 to file their respective applications against their insurers... So another hugely expensive “side battle” with their insurance companies on the eve of Christmas ? ?...
 
I’m just wondering whether Tucker will be sending Stephen Russell a Christmas Card...

What Tucker need to to remember is, every dog has his day... No one has forgotten his abhorrent behaviour as a practising solicitor even those on the bench...
Justice McMurdo, a judge of the Queensland Supreme Court whilst still a practicing senior counsel experienced Tucker’s behaviour first hand. Tucker’s appalling behaviour in storming out of a mediation with him was never forgotten. Senior Counsel still recall the incident to this day... The abusive obscene language towards opposing parties and their clients was par for the course...
Tucker literally is the Donald Trump of solicitors...
 
This reminder becomes more and more pertinent as we get closer to trial... After trial and no doubt appeal (if the miscreants have any money left) is when the authorities get involved and start laying charges... Formal complaints to the Queensland Law Society, (no more catch and kill like in the past Davey Boy ?), Legal Services Commission and further complaints to ASIC will be made...

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