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Burning Bridges...
The fact that Tucker and Cowen are trying to include their insurers as third parties to the mammoth legal proceedings against them, will not bode well for future insurance cover... Surely these two miscreants must now be in the "HIGH RISK" Category with both insurers... The premiums in the future will I'm sure reflect that...
 
@No Trust, @Triple_Witching, I apologise for hijacking the thread. To keep the thread active until the 10th February 2021 I wanted to make a post about "fraudulent behaviour in general" as it follows the "same pattern no matter who perpetrates the crime".

Stealing from others
We say "fraud" but plain-speaking - it's "stealing" from others.

Fraudulent behaviour is driven by greed
Fraud, it’s rampant & it beggars’ belief how much fraud is yet to be uncovered or will never be uncovered. I’m pleased to read that the perpetrator will soon be fully exposed & dealt with through the courts. I for one, can't wait.

Let’s recap kostag first post for "new readers" of this thread as I'm sure the interest will increase
“I'm an Equititrust investor - historically, all has been good - bit I am hearing some disquieting developements - such as ex MFS execs David Kennedy and David Anderson (OMG!) now in charge - same auditors as MFS used - same business model - and even Royal Bank of Scotland loans outstanding/overdue. There was a press write up about a loan to Al Konstaninidis going bad etc - and a legal fight which involved Equititrust and David Kennedy. David Anderson's recent Court performance re MFS matters was less than flattering and one would need to question whether he ought be in charge of another Public fund. Anyone got any news on this? I saw on an ASIC search that long standing Director Wayne McIvor has resigned from Equititrust as well.... often a sign that things are not good”

Pending early signs
It’s a pity the Equititrust thread highlighted the issue by @kostag way back in June 2010 just after he joined ASF. I’ve often wondered if kostag "passed" (died) before knowing the final resolution with these fraudsters. It’s pleasing to learn that he regularly checks in & has as recently as mid-January of this year. (so that pleases me).

Below is an article on fraudulent behaviour (stealing)
The article relates to the markets, which is financial fraud. The similarities of fraud are simply astounding when you read the summary below by the N.Y. Attorney General in the case against (Bitfinex & Tether Ltd) both joined the hip to defraud its members of millions.

What the boom in fraud says about the current market environment
The hyperlinks at the bottom of the post is an article that lists recent fraud that has been uncovered. The last article is about "Crypto fraud" that has been going from 2018 to the present day. I have included the hyperlinks for an easy Sunday afternoon read how the N.Y. Attorney General is bringing these individuals to justice.

Why pick Crypto fraud by Tether Ltd
No other reason than it was the last article to demonstrate how the fraud was perpetrated by this company. It could have been any article as the "Modus Operandi" (M.O.) is the same in most fraudulent cases. It's interesting that "Modus operandi", is a "Latin Phrase" that means “operating method”, & in criminology, it means a distinct pattern that comes to be associated with a particular criminal behaviour.

Summary of fraud by Tether Ltd
A bit of background first - Tether is a controversial cryptocurrency with tokens issued by "Tether Limited". It formerly claimed that each token was backed by one United States dollar, but on 14 March 2019 changed the backing to include loans to affiliate companies. "Notice the similarities starting to appear".

In November 2018, the Attorney General issued subpoenas to Bitfinex and Tether, which are owned and operated by the same small group of individuals, and claim not to do business in New York. As alleged in court papers filed by the Attorney General’s office, the Bitfinex trading platform allows New Yorkers to purchase and trade virtual currencies, including the so-called “tether” stablecoin, a virtual currency the companies long claimed was “backed 1-to-1” by U.S. dollars held in cash reserve.

Similarities
The filings explain how Bitfinex no longer has access to over $850 million dollars of co-mingled client and corporate funds that it handed over, without any written contract or assurance, to a Panamanian entity called “Crypto Capital Corp.,” a loss Bitfinex never disclosed to investors. In order to fill the gap, executives of Bitfinex and Tether engaged in a series of conflicted corporate transactions whereby Bitfinex gave itself access to up to $900 million of Tether’s cash reserves, which Tether for years repeatedly told investors fully backed the tether virtual currency “1-to-1.”

Members funds used as a slush fund
According to the filings, Bitfinex has already taken at least $700 million from Tether’s reserves. Those transactions – which also have not been disclosed to investors – treat Tether’s cash reserves as Bitfinex’s corporate slush fund, and are being used to hide Bitfinex’s massive, undisclosed losses and inability to handle customer withdrawals. The Office’s filings further detail how the companies obfuscated the extent and timing of these corporate transactions during the Office’s investigation.

These Hyperlinks make interesting reading to follow the pattern of fraud
https://www.ft.com/content/3ac4809e-7c4d-4d9f-83ea-7112bfd3480a
https://ag.ny.gov/press-release/201...s-court-order-against-crypto-currency-company
https://thefelderreport.com/2021/01...ud-says-about-the-current-market-environment/



Skate.
 
Last edited:
PHENOMENAL POST SKATE...YOUR INPUT IS ALWAYS SPOT ON...



Skate said:
@No Trust, @Triple_Witching, I apologise for hijacking the thread. To keep the thread active until the 10th February 2021 I wanted to make a post about "fraudulent behaviour in general" as it follows the "same pattern no matter who perpetrates the crime".

Stealing from others
We say "fraud" but plain-speaking - it's "stealing" from others.

Fraudulent behaviour is driven by greed
Fraud, it’s rampant & it beggars’ belief how much fraud is yet to be uncovered or will never be uncovered. I’m pleased to read that the perpetrator will soon be fully exposed & dealt with through the courts. I for one, can't wait.

Let’s recap kostag first post for "new readers" of this thread as I'm sure the interest will increase
“I'm an Equititrust investor - historically, all has been good - bit I am hearing some disquieting developements - such as ex MFS execs David Kennedy and David Anderson (OMG!) now in charge - same auditors as MFS used - same business model - and even Royal Bank of Scotland loans outstanding/overdue. There was a press write up about a loan to Al Konstaninidis going bad etc - and a legal fight which involved Equititrust and David Kennedy. David Anderson's recent Court performance re MFS matters was less than flattering and one would need to question whether he ought be in charge of another Public fund. Anyone got any news on this? I saw on an ASIC search that long standing Director Wayne McIvor has resigned from Equititrust as well.... often a sign that things are not good”

Pending early signs
It’s a pity the Equititrust thread highlighted the issue by @kostag way back in June 2010 just after he joined ASF. I’ve often wondered if kostag "passed" (died) before knowing the final resolution with these fraudsters. It’s pleasing to learn that he regularly checks in & has as recently as mid-January of this year. (so that pleases me).

Below is an article on fraudulent behaviour (stealing)
The article relates to the markets, which is financial fraud. The similarities of fraud are simply astounding when you read the summary below by the N.Y. Attorney General in the case against (Bitfinex & Tether Ltd) both joined the hip to defraud its members of millions.

What the boom in fraud says about the current market environment
The hyperlinks at the bottom of the post is an article that lists recent fraud that has been uncovered. The last article is about "Crypto fraud" that has been going from 2018 to the present day. I have included the hyperlinks for an easy Sunday afternoon read how the N.Y. Attorney General is bringing these individuals to justice.

Why pick Crypto fraud by Tether Ltd
No other reason than it was the last article to demonstrate how the fraud was perpetrated by this company. It could have been any article as the "Modus Operandi" (M.O.) is the same in most fraudulent cases. It's interesting that "Modus operandi", is a "Latin Phrase" that means “operating method”, & in criminology, it means a distinct pattern that comes to be associated with a particular criminal behaviour.

Summary of fraud by Tether Ltd
A bit of background first - Tether is a controversial cryptocurrency with tokens issued by "Tether Limited". It formerly claimed that each token was backed by one United States dollar, but on 14 March 2019 changed the backing to include loans to affiliate companies. "Notice the similarities starting to appear".

In November 2018, the Attorney General issued subpoenas to Bitfinex and Tether, which are owned and operated by the same small group of individuals, and claim not to do business in New York. As alleged in court papers filed by the Attorney General’s office, the Bitfinex trading platform allows New Yorkers to purchase and trade virtual currencies, including the so-called “tether” stablecoin, a virtual currency the companies long claimed was “backed 1-to-1” by U.S. dollars held in cash reserve.

Similarities
The filings explain how Bitfinex no longer has access to over $850 million dollars of co-mingled client and corporate funds that it handed over, without any written contract or assurance, to a Panamanian entity called “Crypto Capital Corp.,” a loss Bitfinex never disclosed to investors. In order to fill the gap, executives of Bitfinex and Tether engaged in a series of conflicted corporate transactions whereby Bitfinex gave itself access to up to $900 million of Tether’s cash reserves, which Tether for years repeatedly told investors fully backed the tether virtual currency “1-to-1.”

Members funds used as a slush fund
According to the filings, Bitfinex has already taken at least $700 million from Tether’s reserves. Those transactions – which also have not been disclosed to investors – treat Tether’s cash reserves as Bitfinex’s corporate slush fund, and are being used to hide Bitfinex’s massive, undisclosed losses and inability to handle customer withdrawals. The Office’s filings further detail how the companies obfuscated the extent and timing of these corporate transactions during the Office’s investigation.

These Hyperlinks make interesting reading to follow the pattern of fraud
https://www.ft.com/content/3ac4809e-7c4d-4d9f-83ea-7112bfd3480a
https://ag.ny.gov/press-release/201...s-court-order-against-crypto-currency-company
https://thefelderreport.com/2021/01...ud-says-about-the-current-market-environment/



Skate.
Click to expand...
 
It pleases me greatly also, that Kostag who started this thread still checks in... Hello to our friend and hero for starting this thread... You have been vindicated in your early warnings about McIvor, Tucker, Kennedy and Anderson... What a conga line of grubs...

McIvor banned for life by ASIC...

Anderson charged for fraud by ASIC...

TUCKER off to court on fraud allegations levelled by the liquidators Hall Chadwick..

Kennedy hiding in Hong Kong ?? fearing allegations of fraud...

?‍♂️?‍♂️?‍♂️
 
No Trust said:
Take Steps to Frustrate the Collection of Money
Justice Reeves could not have summed it better below.

To have an officer of the court state in an affidavit that they would declare bankruptcy in the event of a judgment and frustrate the collection of money as a reason not to examine him is mind boggling...

How on earth can the Legal Services Commission tolerate such recalcitrant behaviour ???

Justice Reeves to his credit put him in his place. There is no special law for Tucker FFS...

44. If the liquidators sue me, and I suffer a judgment against me in the sums alleged by the liquidators’ solicitors, or indeed a fraction of those amounts, and it is not covered by insurance, I would not seek to have recourse to the assets of the trusts or superannuation fund described above, but rather I would file for bankruptcy.

45. Nor could I seek to have recourse to the assets of my superannuation fund as the preservation age is 60, and I am currently aged 49, so I cannot draw funds from it for about 11 years.

Justice Reeves
37 Whether or not Mr Tucker is correct in these claims and asserted intentions are matters that the Liquidators will undoubtedly investigate during his examination and, depending on the answers he gives, will weigh up in deciding whether to pursue any proceeding against him.

However, I do not consider these statements can be used to prevent the Liquidators examining him with respect to his ability to meet a judgment in the contemplated proceeding. To do so would be to accede to the startling proposition that an examinee under Part 5.9 could foreclose on this area of examination under that Part by making claims in an application of this kind that the Liquidators will gain nothing by pursuing that area or, if they do succeed to a judgment, that he or she will take steps to frustrate the collection of any monies under that judgment. If that were the position, the examination power under Part 5.9 would be significantly hindered, if not rendered totally nugatory.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0758
Click to expand...

Justice Reeves' comments will be ringing in Tucker's ears for many years to come... The trusts, (all of them) will be unwound to satisfy the judgement against Tucker...

The insurers will not provide any form of indemnity to him and will rely on their exclusion clause for Fraud / Dishonesty as the lawyers for the insurers have already outlined.

Any appointment of a bankruptcy trustee will be governed, most likely by Stephen Russell, the lawyer for the liquidators. Tucker will not be allowed to self appoint a friendly bankruptcy trustee like Worrells- (the firm with no morals) who he used as the receiver for MS ASIA's EPF debt... His old "go to mate" at Worrells', who sold him out to the liquidators has left the firm. There's as saying, "Control your destiny or someone else will" Tucker's destiny is well and truly in other peoples hands... Namely Stephen Russell's hands... It would truly suck to be David Tucker and Richard Cowen right now... Misery Sowed is Misery Reaped...
 
Tucker's go to "friendly receivers"/ "bankruptcy trustee's" were Worrell's (the firm with no morals) namely Michael Peldan, (since resigned)... Peldan was publicly examined by the Liquidators in the Federal Court in relation to the MS ASIA SCAM. Maybe that experience broke him... Crocodile tears here...

There’s a pattern in Tucker using his good mate Peldan. When both Tucker and Cowen bankrupted McIvor, (who deserved being bankrupted at a minimum for the fool he was in trusting Tucker), Tucker appointed Peldan to be McIvor's trustee in bankruptcy, to silence McIvor to some extent.

When Tucker was looking for a friendly receiver for the MS ASIA SCAM with David Kennedy, where did they go ??? To receiver Worrells of course and Michael Peldan who they could control...
Worrells have investors blood on their hands as much as Tucker, Cowen and Kennedy...
 
No Trust said:
There may be a problem with the :

Limitation of Liability Scheme

The Limitation of Liability Scheme (Scheme) is a statutory scheme, enforced by the courts, that caps the amount of damages that can be awarded against your practice. Professional Indemnity Insurance pays the claim while the Scheme caps the amount of damages that can be awarded.

To participate in the Scheme you must be a full member of QLS, hold a current Australian practising certificate, and have the benefit of the applicable insurance. Further, to gain the full benefit of the cap, all solicitors within a firm would have to be members of both the QLS and the Scheme.

Liability Caps
The Scheme provides a liability cap which is exclusive of defence costs, but aims to cap damages as follows:

  • $1.5 million - for participating members are in a law practice consisting of up to and including 20 principals where the law practice generates an income for the financial year of up to and including $10 million
  • $10 million - for
    • participating members who are in a law practice consisting of greater than 20 principals; or
    • participating members are in a law practice where the law practice generates an income for the financial year greater than $10 million
  • higher cap - subject to approval from QLS for
    • all cases; or
    • in any specified class or case
Members of the Scheme are strongly encouraged to consider their need for top up insurance to ensure that defence costs are met.

Exclusions
There are a few exclusions to which the Scheme does not apply, being:

  • ILP’s as corporate entities
  • Personal injury claims
  • Fraud, dishonesty, breach of trust
  • Part 9, division 2, subdivision C of the Land Title Act 1994 (claims under the Queensland State Government Fidelity Fund for title fraud)
http://www.qls.com.au/Becoming_a_me...ional_benefits/Limitation_of_Liability_Scheme
Click to expand...
As predicted in 2017, the exclusion clauses relating to fraud and dishonesty will be the bane of Tucker and Cowen's existence from hereon in...

They most likely will be allowed to add their insurers as third parties to the proceedings, as the liquidators don't care where the money comes from to satisfy any judgment they obtain against Tucker and Cowen. Tucker and Cowen's litigation against their insurers will however ultimately FAIL on the basis of the exclusion clause in the policy.
 
Don't forget the "liquidators" ( 2 of whose principals are former solicitors struck off the rolls for dishonesty} are every bit as crooked as Tucker. In the 8 or so years they have been acting they have recovered many millions of $, not 1 cent of which has ever been returned to investors. They will misapropriate any funds recovered from Tucker
 
Notone said:
Don't forget the "liquidators" ( 2 of whose principals are former solicitors struck off the rolls for dishonesty} are every bit as crooked as Tucker. In the 8 or so years they have been acting they have recovered many millions of $, not 1 cent of which has ever been returned to investors. They will misapropriate any funds recovered from Tucker
Click to expand...
The last round of litigation against McIvor and KPMG went on for years and the money all went to the litigation funder and to the payment of the liquidators fees to sit on the sidelines whilst the action wound its way through the Federal Court... This is all a self serving exercise at the expense of creditors and investors...
 
Will this application proceed on the 19th of February 2021 ???
Is there a "poison pill" in proceeding with the application that both Tucker and Cowen have overlooked ???

When will the mystery Thumb Drive surface with Terra-bytes of damning data ???

No Trust said:
Here we go... The hearing to join the insurers has now been delayed to 19 February 2021... WHATS UP ? ?‍♂️
Click to expand...
 
Every transaction leaves a trail... Tucker not only left a trail he boasted about his involvement to borrowers who he was taking their homes from... Both he and Kennedy relished taking peoples homes. Pretty sick ha...
Now that Tucker’s own home is potentially on the chopping block, I don’t think he finds his predicament that pleasant...

No Trust said:
Equititrust: pair bought finance group’s loan book for $2m ‘to make $26m’

"The former chief executive and the company lawyer of the Gold Coast’s failed $250 million Equititrust finance group bought key fund assets for $2m when they were worth 10 times that amount, a public examination in Sydney has heard."

"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."

"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
Click to expand...

No Trust said:
WW4 has been declared...

The "Day of Reckoning" has begun...

View attachment 71554
"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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It must be tough for both Tucker and Cowen to have a peaceful existence and plan ahead for the future, on both, a professional and personal level, with this level of litigation pitched against them... Financial projections and planning luxury escapes with money misappropriated from others must be a nightmare... The irony of the predicament they find themselves in both gob smacking and comedic... #nightsweats #nightterrors #caughtout
 
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