- Joined
- 28 October 2008
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Article worth reading in the financial section of today's Australian. A pity this stuff did not come out (at least for me) a couple of years ago.
For those of you who have not seen it, there is an interesting if not disturbing article in July 8th edition of the West Australian (business section) which can be accessed from their website, sorry I cannot provide the url as beyond my teckno competancy.
david001 - good luck with that, the more of us kick up a fuss the better in my opinion.
Although for me, the 'where's the money coming from' question is not that important (although I appreciate it is for many investors) - rather I don't want to keep paying the bank for the next 10 yrs when I know I'm going to get nothing, barring a miracle.
jiml - I'm not saying the banks are at fault. Rather, I think GTP are at fault because they misled investors. Legally, if we relied on representations which were not correct when we entered into the loan, then that means the loan is 'tainted'. The Bank just happened to not do enough due diligence when it bought that loan, or income stream, or whatever it did (Bendigo are being coy about the scenario and my lawyer hasn't been able to get an answer from them). But that shouldn't mean I have to foot the bill just because the bank's a bigger gorilla than me.
I've used this analogy before, but imagine this scenario: let's say three months back, I order a brand new GM car. GM tells me it's in great financial shape, and I borrow $50k from GM to finance it. The car's not yet been delivered, but GM sells my loan to BigBank, then goes into Chapter 11 bankruptcy. In the wash, it comes out that GM didn't tell me the truth about its financial position.
Has BigBank done anything wrong here? No, not really, other than not doing sufficient due diligence - and even then it also might have been given incorrect information. But do I think I should keep paying my loan to BigBank under these circumstances? Hell, no!
I don't see much difference between this made up scenario and what's gone on with GTP, unless someone can distinguish my examples.
KJL
KJL, As the marbled fleshed Japanese bovine suggests, if the goods are delivered then the obligation to meet the debt exists. In our case, does it mean if the trees are planted the obligation is met notwithstanding they either die, bulldozed or are repossessed? If the car suffers a serious mechanical failure do you stop repayments to the bank? Buggered if I know but it is worth investigating just in case...
Yeah jiml, I forgot to mention I assumed that the car (ie the ultimate tree distribution, ongoing vine income etc) would not be delivered. Admittedly, you can take these analogies too far...
I saw an article in the weekend Fin today (by Matthew Drummond, about p15 or so) citing one of the law firms acting for investors (not my law firm) and saying in essence that "if it turns out that there is some problem with the original loans, such as GS did not disclose their true financial position, then Bendigo have a big problem" - which sums up my thoughts in a nutshell.
Wagyu - not sure it's "more than likely" that ATO will want monies back. Punishing people who invest in what the government saw as much needed agricultural schemes would be harsh indeed, even for the ATO. ATO have previously said (although not in this specific case, on which they've to date been silent) words to the effect that if investors could not have reasonably anticipated the scheme's failure at the time of the investment then any tax claimed would not seek to be reclaimed by ATO. If you're interested I can probably dig out the ruling.
And I've only ever had one new car, and the new car smell lasted about 10 minutes 'til it was superceded...
My current FA is with the PIS group, so on one hand I want savemytrees to assist my with lobbies to Timber Corp and GS Receivers and pertitions to Government MPs
On the other hand, given my understanding that suing a company that it in Receivership is near on useless, I see that PIS are the next target in line.
No surprise that PIS have set up the savemytrees site. It might help to influence investors to decide not to join a class action.
Checkmate again !
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