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So Tucker was fully aware of the action in early February 2017... Pity he wasn't computer literate and the "metadata" let him down... FATAL MISTAKE in a high stakes game of commercial life and death...
 
The legal pundits can all see where this is heading…



A search order to be made under rule 261A of the UCPR (also known as an "Anton Piller" order), which relevantly states that:

"The court may make an order (a search order), in any proceeding or in anticipation of any proceeding in the court, for the purpose of securing or preserving evidence and requiring a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence which is, or may be, relevant to an issue in the proceeding or anticipated proceeding."

Rule 261B of the UCPR relevantly states that:

"The court may make a search order if the court is satisfied that -

(a) the applicant has a strong prima facie case on an accrued cause of action; and

(b) the potential or actual loss or damage to the applicant will be serious if the search order is not made; and

(c) there is sufficient evidence in relation to a respondent that -

(i) the respondent possesses important evidentiary material; and

(ii) there is a real possibility that the respondent might destroy the material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court
."
 
As the computer forensic expert states in his report to the presiding judge, all the Tucker Gmail emails can be downloaded on Microsoft outlook and or an external hard drive.They don’t disappear when a Gmail account is closed and it’s deleted…

An Anton Pillar order will most likely be issued against both Tucker and the offices of Tucker & Cowen…

If Tucker does not provide disclosure and or the sworn affidavits asked for in the application, it is highly likely that an application will be made ex parte for an Anton Pillar order to be issued. Tucker’s accountants may also get a tap on the shoulder in the near future… The walls are closing in…
 
Imagine for a second if the liquidators had not lodged $2M in security for costs with the court and if Stephen Russell was not tenacious as he has proven to be... The truth in this litigation would have withered and died and Tucker and Kennedy would have gotten away with it.
 
Tucker and Kennedy both lawyers (and officers of the court) knew the obstacles that a Liquidator would have in pursing an action against them and thought f#ck it, its worth the risk. It'll be near on impossible for them to get a litigation funder involved and even it they do, we'll drag the matter on an on and on for years with interlocutory applications to have the matter struck out, whilst incurring heavy costs on the liquidators. This was done in the hope that the litigation funders would give up.

Surprise surprise the litigation funder has stayed the course and Stephen Russell has
outmanoeuvred Tucker & Cowen and their respective solicitors DLA Piper and Bartly Cohen at every turn...
 
Tucker stated on oath before the Federal Court that he did not personally receive any of the proceeds of the $3.8M that went missing in Hong Kong.

The question is did any of his family members benefit directly or indirectly ???


Relevant questions to ask the whole Tucker clan including business partner - daddy and ex Queensland President of the Liberal Party Bob Tucker...
 
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