Any Comments?
BACKGROUND: I've been granted a S37 review under the Bankruptcy Act ,
these demands cover half the grounds that came to my knowledge on the
1/4/99 and supplied by the Federal Court of Appeal Judges on 14/4/99, by
supplying a 1829 case to back up the bank, which after the first
paragraph is taylor made authority for me. One wonders if they purposely
gave me this case that they used to back the bank to see if I was smart
enough to turn it back on them. This could be possiable IF my suspicions
are correct and the banks have some knowledge of some indiscreation from
their youthfull frollicks ?????????? so if they have 1/2 of a heart this
was their way to even the score.
Re : the Casino I now Know and can prove that the Bank had fixed and
floating charges on everything and were signatureies to the building
contract, had to approve or veto everything etc.
On the other side of the ledger they had fixed and floating charges on
every company linked to Darrel Courtney O'Connor, MR BIG behind the the
whole deal.
I can prove if I ever get to court, that 8 to 11 million was illegally
paid out of funds contry to the Prospectus provisions,
The ANZ had everything by the short and curlies EXCEPT THE CASINO
LICENCE ITSELF that is why all blame was laid on Casinos Austria who the
Qld Gov wanted as the Licencee, so when the bank has charges over every
thing and really operate through a MR BIG, as front man, one has to ask
WHO REALLY OWNED THE CASINO ???? I believe the ANZ had that power behind
the seane and the only thing missing was the licence itself.I believe my
allegations etc stuffed them up and they had to duck for cover and set
about destroying my wife and myself in reprisal.
So, I didn't know any of this when I first started to write to all the
Casino and ANZ directors, its any wonder that i'm in deep sh!!!!T COL
HUBNER
NOTICE OF DEMAND
Minter Ellison Lawyers.
Re actions between : Colin Richard Hubner and Yvonne Hubner and
Australian New Zealand Banking Group Limited ACN (005 357 522 )
Partner Responsible: Garry Hamilton.
Lawyers / employees : Matthew Broderick, Philp Yong Pan and Dominic
Robinson.
1. Whereas you, Garry Hamilton, a partner of the Firm Minter Ellison
Lawyers and you Mathew Broderick, Philp Yong Pan and Dominic Robinson,
employees of the Firm Minter Ellison Lawyers, jointly and severally have
under taken action in the name of and on behalf of, the above Firm /
employer, and ;
2. Whereas you, jointly and severally accepted instructions from the
Australian New Zealand Banking Group Limited ( ACN 005 357 522 ) ( the
Bank ) on behalf of your Firm / employer Minter Ellison Lawyers, and ;
(a) since the 4 th November 1996 to present date you, jointly and
severally, either by act or omission, failed your duty to the court, and
;
(b) at all times material to the actions you commenced, you acted
deceptively by not informing the court that the Australian New Zealand
Banking Group Limited was the irrevocable lawful attorney of The Cairns
Glass Company ( the Company ), and ;
(c) at all times material to the actions you commenced, you failed to
disclose to the court, the presence of that power, and ;
(d) at all times material to the action you commenced, you failed to
disclose to the court, that the Bank elected to exercise that power,
from appointment of the Administrators by The Cairns Glass Company’s
Directors and due to that power, the Administrators of the Company
answered to the Bank and not to the Company’s Directors Colin Richard
Hubner and Yvonne Hubner, and ;
(e) the exercising of the power of attorney is of a trustee type
nature, and ;
3. Whereas a person exercising a power of attorney has a fiduciary duty
and that duty cannot be exercised contry to the interests of a party or
to the consequential detriment of a party as a result of a breech of
that duty, and ;
4. Whereas it is within the knowledge of the Firm Minter Ellison
Lawyers, its partner and employees, who are trained and licenced in
the practice of law, that a trustee, in exercising a power of attorney,
cannot increase the liability of a guarantor , and ;
5. Whereas by such action, a person would have breached their fiduciary
duty and would have acted beyond their power, and ;
6. Whereas at all times material, upto and until 9.15 pm on 1 st April
1999, Colin Richard Hubner knew of the existence of a Mortgage
Debenture, and ;
(a) it was at that precise time, 9.15 pm on 1 st April 1999, Colin
Richard Hubner became aware that an irrevocable power of attorney over
the Company, was granted to the Bank by the signing of that Mortgage
Debenture document and immeadiately informed Yvonne Hubner as
co-guarantor, and ;
7. Whereas the Administrators of The Cairns Glass Company Pty Ltd Ivor
Worrell and Raj Khatri in the report to creditors dated 3 rd October
1996 and presented to the creditors on the 11 th October 1996, admitted
in that document, a debtor, JML Constructions ( JML ), owed the Cairns
Glass Company $400,000.00, and ;
(a) in the report to creditors, the Administrators disclosed to the
meeting of creditors and the Company’s Directors Colin Richard Hubner
and Yvonne Hubner that :
(b) JML was disputing that lawful debt and solicitors had been
engaged by both partys, and ;
(c) the Administrators did not know the intimate details of the debt,
and ;
(d) the matter would be looked into after the second meeting, and ;
(e) the Administrators did not disclose to the creditors meeting or
the Directors the presence of a power or that during the
administration they were answerable and accountable to the bank due to
that power, and ;
(f) the Administrators did not disclose to the meeting of creditors,
an offer by JML to pay $25,000.00 in full settlement of the debt, was
made prior to the 3rd of October 1996,
8 days before the creditors voted to liquidate the Company, and ;
(g) the Administrators did not disclose, that the Bank, by electing
to exercise the power, accepted the offer made by JML, 8 days BEFORE
liquidation of the Company, and ;
(h) in letters addressed to the Administrators from Minters Ellison’s
Matthew Broderick on the 30 th September and 2 nd October 1996, , he
indicated that it was not the Banks intention to appoint a Receiver, and
;
(i) by not appointing a Receiver, the Bank elected to accept JML’s
offer, that in effect, gave JML a 94% discount on the debt owing to The
Cairns Glass Company Pty Ltd, and ;
8. Whereas at all times material to the action you commenced, the Firm,
Minter Ellison Lawyers , partner Garry Hamilton and employees Broderick,
Yong Pan, were of knowledge of the above facts and the additional fact,
that Australian New Zealand Banking Group Limited were signatories to
the Design and Construct Contract to build the Reef Casino and by their
election, became the direct beneficiary as the Casino mortgagee, by not
having to provide additional funds to fund the The Cairns Glass Company
‘s quantum meruit claim and ;
(a) gave advice and accepted instructions in dereliction of their
duty as officers of the court and their knowledge of the Bank electing
to settle a debt in terms that would extend the liability of the
guarantors, and ;
(b) they knew that the Bank by their electing to settle 8 days
before liquidation were estopped from pursuing the guarantors, and ;
(c) in spite of that knowledge accepted instructions to commence
court proceedings against the guarantors to recover the 94% shortfall of
the debt owed by JML and created by the Banks own election, and ;
(d) accepted instructions to persue the guarantors in a multiplicity
of State and Federal Court proceedings even to the point of
attempting to make the guarantors bankrupt, and ;
(e) they knew that the guarantors had no means to afford legal
representation and acted on instructions to strip them of their
remaining assets in spite of their knowledge of the Banks breech of
fiduciary duty and breach of trust as the irrevocable attorney of the
Company, that the bank elected to exercise, on the advice of The Cairns
Glass Company’s Administrators, and ;
9. The actions of Firm Minter Ellison Lawyers, partner and employees, to
accept instructions to commence proceedings against Colin Richard Hubner
and Yvonne Hubner, the Cairns Glass Company’s guarantors, that would be
unconscionable within the meaning of S 51AA of the Trade Practices Act,
contry to law, contry to fact, a breach of fiduciary duty , a breach of
trust, a denial of natural justice, a malicious prosicution and or abuse
of process, when they were of the knowledge of the existence of a power
and the exercise of that power by the Bank, which consequently gave them
no cause of action against the guarantors and is fraudulent conduct by
your firm and employees and a possible breach S 408C of the Criminal
Code Act 1899 (Qld) , and ;
10. These actions by the Firm Minter Ellison Lawyers, partner and
employees, is prima facie evidence of their complicity in this serious
case of fraud against the company’s guarantors, because they were of
knowledge of the power and the use of that power by the Bank and they
at all times knew in these circumstances, to persue an action against
the guarantors breached the terms and conditions of a Guarantee signed
by Colin Richard Hubner and Yvonne Hubner .
I, Colin Richard Hubner hereby demand that:
11. The Firm, Minter Ellison Lawyers advise your client, Australian New
Zealand Banking Group Limited ACN (005 357 522 ) that your Firm cannot
continue to persue Colin Richard Hubner and Yvonne Hubner , because the
Bank made an election to settle with a debtor, for 6% of a debt owed, 8
days before The Cairns Glass Company Pty Ltd was placed into
liquidation at a meeting of creditors and therefore, no lawful basis
exists to support their action, and ;
12. Cease and desist from all litigation against Colin Richard Hubner
and Yvonne Hubner, and ;
13. File notices of discontinuance in every legal action at present
before the courts, and ;
14. Because fraud infects and vitiates all proceedings known to law,
commence immediate proceedings to rescind and strike from the record all
judgments and cost orders against Colin Richard Hubner and Yvonne
Hubner gained by your Firm, Minter Ellison Lawyers, deceptive and
fraudulent conduct on behalf of your client, Australian New Zealand
Banking Group Limited, and ;
15. Advise your client to appoint a person with the full authority to
negotiate a settlement to the satisfaction of Colin Richard Hubner and
Yvonne Hubner, that will not be limited to but include, restoration,
damages, exemplary damages, Australian Tax office Provisions as to tax
on damages,
and ;
16. Provide a copy of your Firms professional indemnity insurance
policy, and the contact details so that a copy of this notice of demand
can be forwarded to your insurers immediately.
17. Failure to fully comply with these reasonable demands within 14 days
of the date of this demand, such action will be taken as deemed
necessary by Colin Richard Hubner and Yvonne Hubner on the basis that
you have deliberately acted unlawfully and fraudulently and in such a
way that could void your professional indemnity insurance and privilege
you have previously enjoyed as a sworn officer of the court.
Signed by Colin Richard Hubner
On the 18 th of May
1999. A Justice of
the Peace
I ALSO SERVED A SEPERATE DEMAND ON THE PARTNERS OF THE FIRM MINTER
ELLISON LAWYERS
My reply below, to their bullshit denial that came within 7 hours of
receipt of my demands This is MY REPLY with a couple of exhibits that
will give you a bit of an insight to my problem, I filed the demands in
the Federal Court as exhibits, you see by the bank electing to give a
94% discount to a debtor 8 days before the Company was voted into
liquidation at the creditors meeting the bank are estopped from persuing
the guarantors.
I have any amount of Solicitor , Barrestar and QC opinion that this is
the lawfully correct position COL
Bankruptcy Act 1966
SECTION 37 : APPLICATION FOR REVIEW
In the Federal Court of Australia NO
QG 143 OF 1998
Queensland District Registry.
Colin Richard
Hubner
Applicant
And
The ANZ BANKING GROUP LTD(ACN 005 357 522)
Respondent
AFFIDAVIT OF
Colin Richard Hubner
I, Colin Richard Hubner , of 25 Canopus Circuit Atherton in the State
of Queensland, part time salesman, make oath and say as follows;
1. On the 19 th of May 1999, a Notice of Demand was delivered to Mr
Garry Hamilton , a Partner of the Firm, Minter Ellison Lawyers at their
place of business 1 Eagle Street Brisbane. attached hereto and marked
with the letters AFR 6
2. On the 19 th of May 1999, a Notice of Demand was delivered to The
Partners of the Firm, Minter Ellison Lawyers at their place of business
1 Eagle Street Brisbane.
attached hereto and marked with the letters AFR 7
Colin Richard
Hubner A
Justice of the Peace
_____________________________________________________________
FILED BY Colin Richard Hubner
Address for Service
12A Traders Lane, 117 Anderson St, Manunda, Cairns 4870
PH 07 4032 1272 FAX 07 4032 1113
3. On the 19 th of May 1999, Mr Garry Hamilton , a Partner of the Firm,
Minter Ellison Lawyers acknowledged delivery of the notice of demand and
made various claims in general terms without any substantive evidence
to support his claims.
attached hereto and marked with the letters AFR 8
4. Mr Garry Hamilton at paragraph 2, states factually that my wife and
myself appointed the Administrators, however Jim Lettice was the manager
in charge of the Cairns Glass Company and on or about the 27th of August
1996 told my wife and myself, that because of the mortgage debenture,
he had to approve who we might appoint as Administrators and he
personally preferred a local so that we could always go and talk to
them. It was only after the Administrators Geoff Munck clarified to Jim
Lettice that his firm had large international insurers available that
may fund the company’s litigation, did Jim Lettice allow us to appoint
these particular Administrators.
Jim Lettice also made it quite clear that if the Bank did not approve
of the actions of the Administrators and the Bank would appoint
receivers over the top of them to protect the Banks interests. attached
hereto and marked with the letters AFR 9
5. Mr Garry Hamilton at paragraph 3, refers to a copy of the mortgage
debenture being made available on the 8th of April during disclosure.
It was 8 days before disclosure that I read a copy of the mortgage
debenture that I found previously in a disused filing cabinet. It was
on the 1st of April that I read that document and discovered that an
irrevocable power of attorney of The Cairns Glass Company was granted to
the bank by signing that document. See AFR1 affidavit of the 27th of
April.
Colin Richard
Hubner
A Justice of the Peace
At all times I told my wife that the bank could do what they liked
because in a letter dated 4th of November 1994 at paragraph 5 I had
signed a registered mortgage debenture over the assets of the company,
fixtures, fittings, goodwill, debtors, stock, plant and equipment and
that meant that the bank owned every thing and they could do what they
liked anytime they liked and that was why Jim Lettice had to approve
everything. attached hereto and marked with the letters AFR 10
6. Contrary to what Mr Garry Hamilton alleges in paragraph 3, I now know
that the Bank’s authority was by way of the power of attorney, this was
never disclosed in any court proceeding and that is why the
Administrators wrote to and answered to the Bank in place of my wife and
my self as the Directors of the Company. The evidence of that fact and
the fact that the Bank agreed to accept the offer, by the act of not
appointing a receiver, as was their right, if they disagreed with the
settlement offer to pay 6% of the debt owing on the Company’s debtors
ledger and disclosed in the Administrators Report To Creditors. These
facts are exhibited in AFR5 of my affidavit of the 27th of April and
page 7 of the Administrators Report to the Creditors dated 8 days before
liquidation.
attached hereto and marked with the letters AFR 11
7. In the Notice of Demand it was not alleged that the Firm, Minter
Ellison Lawyers, Partners or employees, acted for the Bank in the Reef
Casino Matter. The Demand referred to the Banks fixed and floating
charges and being a signatory by deed to the Design and Construct
Contract and having the power to approve or veto every decision, step in
and take over construction if the need arose, therefore, by accepting
the offer by JML Constructions, as “Security Agent” for The Banks, they
were the beneficiaries of the discount given.
attached hereto and marked with the letters AFR 12
Colin Richard
Hubner
A Justice of the Peace
8. I wrote to The Board of the Reef Casino Trust Manager, Reef Corporate
Services Limited on the 9th of September 1996 bringing to their
attention that the The Cairns Glass Company had not been paid and that
there were serious safety issues at the Casino work site, that the
company had brought to the attention of all parties in early December
1995 and that they had not been resolved to the Company’s satisfaction
as the licenced glazier, the Company’s licence was at risk. As a
licenced glazier, even though the glass was free issue, to comply with
its duty of care it had to ensure that all glass installed by them meet
the required Australian Standard AS1288.
attached hereto and marked with the letters AFR 13
9. On the 4th of December 1996 I meet the Superintendent on site at the
Reef Casino, in spite of threats of lawyers to keep away or else, to
point out my concerns about safety issues and on the 5th of December I
received a copy of a letter confirming the meeting. attached hereto and
marked with the letters AFR 14
10. On the 20th of December I received a letter from Pat Raper of Reef
Corporate Services, the Trust manager, thanking me for bringing the
serious safety issued to the attention of the Directors. attached
hereto and marked with the letters AFR 15
11. On the 10th of January 1997 the Superintendent confirmed to me that
my concerns had been vindicated and design reviews had been ordered and
replacement ordered, of non- complying glass in the shop fronts.
attached hereto and marked with the letters AFR 16
Colin
RichardHubner
A Justice of the Peace
12. I have written many letters to the directors of the Bank and I
exhibit one of these letters that encapsulate my concerns and raised to
the Bank’s Directors attention that I believed that serious fraud
surrounded the whole project.
attached hereto and marked with the letters AFR 17
13. On the 17th of October I published a letter to a meeting of
unitholders informing them of my concerns, however the refusal of
Justice Dowsett to order discovery on the urgeing of of Minter Ellison’s
Partner and employees has effectively prevented the evidence of
fraudulent acts, from being revealed into the public forum.
attached hereto and marked with the letters AFR 18
14. My investigations have disclosed that the Bank not only effectively
controlled the project by the fixed and floating charges over everything
as nominated in the prospectus, it also had fixed and floating charges
over almost every company associated with Touraust Corporation Pty
Limited and associated with the foundation unitholders of the Reef
Casino. The Bank had Fixed and floating charges over Touraust
Corporation and Touraust Corporation beneficially held Reef Corporate
Services the Trust Manager and therefore by the charges over Touraust
the Bank would have effective control over the Trust Manager and even
over the Trustee, Perpetual Trustee Company Limited.
I tender a selection of Australian Securities and Investment Commission
extracts that demonstrate the extent of charges held by the Bank over
the entire project that I have been able to discover. attached
hereto and marked with the letters AFR 19
Taken and sworn this 20th day of May 1999
at Cairns in the State of Queensland.
Deponent A
Justice of the Peace
Colin Richard Hubner
9/9/199\
The Directors
Reef Corporate Services
RE: REEF CASINO BUILDING
Gentlemen,
There are two issues that concern me.
(1) The Cairns Glass Company Pty Ltd (CGC) performed glazing work on
your casino project, namely;
The Dome,
Cafe Roof,
Street Awnings,
Porte - Cochere.
CGC quoted in September of 1994 on a given scenario, as to what would be
the method of glazing the dome. The scenario changed so much it bore no
resemblance to the method we were given to price on.
I believe we have been the victim of Fraudulent Misrepresentation by
your builder, from which you gained an enrichment. I further believe you
have failed your Duty of Care to my company by not ensuring that all
outstanding claims by Sub - Contractors have been paid. To date we have
proven claims in excess of $400,000 plus damages yet to be assessed.
Safety, Safety, Safety.
(2) As the installation of the Cafe Roof and Porte - Cochere
progressed
it came to our attention that the glass was breaking too easily. At the
same time, we were installing a skylight for C.G.Q., and on checking the
standard AS 1288 (1989) we formed the opinion that the free issue glass
we were installing was under strength.
We bought this fact to the attention of your builder and others to no
avail. We were coerced into continuing the installation and threatened
to be removed from site and replaced by others who could perform and be
back charged at their discretion.
The point of fact Gentlemen is that the project was to be glazed to AS
1288 (1989). A relatively easy document to be interpreted by ordinary
trades people. In your B.A.C. approval it did not say you can get
engineers to so finely engineer the glass without regard to it
maintaining it’s integrity over the life of the project.
Let me explain. We have in our possession drawings specifying certain
sizes and types of glass. We were issued glass to install that was 50%
and in some cases 20-25% of original strength. In bringing this matter
to their attention we were ridiculed by your builder and engineers. They
have reluctantly supplied interim certification, unsigned and not on any
letterhead, with references to creating a method statement as to
cleaning the worst of the sub-standard glass.
This Gentlemen is deemed to be a more than acceptable risk by our
company. You see, under the Queensland Building Act, it is encumber ant
upon a licensed Glazing company to establish whether Free Issue glass
suits the purpose.
This, I am sad to report is not the case.
To share this knowledge with you has lifted a huge weight from my
shoulders that i have been carrying alone for these last nine months. In
all good conscience CGC will not be able to issue certification that the
glass installed by CGC complies with the code.
Gentlemen, you have a responsibility to keep a safe house. If you fail
to address my concerns and not take steps to rectify the sub-standard
works, you will share the responsibility that has beset CGC should
someone be maimed or killed on your site. Likewise, any affect on the
share price should the unthinkable happen could make each of you
personally liable for losses to shareholders.
In the meantime, I am available on Mb 018-773385 should you wish to
create a dialogue with me.
Yours faithfully,
Col Hubner.
(Director, CGC.)
COL HUBNER
12A Traders Lane
117 Anderson Street
Cairns, 4870
PH: (070)- 321272
MB: 018 - 773385
Fax: (070) - 321113
3/7/97
The Directors,
Australia and New Zealand Banking Group Ltd.,
Level 2, 100 Queen Street,
MELBOURNE VIC. 3000
John Christian Dahlsen
Charles Barrington Goode
Raymond Bruce Vaughan
Ronald Ramsay Trotter
Brian Walter Scott
John Francis Ries
Roderick Sheldon Deane
Colin James Harper
Alister Thirlestane Lauderdale Maitland
Donald Penn Mercer
Geremy Kitson Ellis
Margaret Anne Jackson
Members of the Board.
You will soon realise from what you will read in the following pages,
that not only I, but you as Directors, have before you a problem that
could result in you having to write off in excess of 100 million dollars
if you do not act quickly.
Let me explain by some background, what has inadvertently been uncovered
during my investigations to be paid for the work undertaken and
completed at the Reef Casino Complex in Cairns.
You see, ‘but for’ I was paid, I believe I would not be now writing to
you with these extremely disturbing facts.
More importantly these facts involve the safety and lives of the people
of Cairns and those who visit here.
Four weeks have passed since the ANZ Bank writ of summons,[ Plaint
Number 331 of 1997] had me appear before the Supreme Court in Cairns,
where they claimed possession of the last of my land. However, in an
attempt to trick me, the ANZ Barrister tricked himself. The honourable
Judge refused to rubber stamp the ANZ application. Instead, he strongly
recommended to your Barrister that his client should mediate with me.The
facts and circumstances that I believe to exist around the construction
of the Reef Hotel Casino, which include the entwined involvement of the
ANZ Bank, caused him to make his recommendation.
This, I believe, involves the failing of the duty of care by the members
of the Board. On the 30/1/97 I brought to the attention of Mr. D. P.
Mercer, copies of correspondence that briefly covered the whole story. I
mistakenly thought that by appealing to the highest authority in the ANZ
Bank I might have gained a more appreciative response.
The response I received, was a letter dated 13/2/97 from Mr. Les Nathan,
State Manager group credit management, who described himself as being
number three down from the CEO in the state of Queensland. He
reiterated, how good the ANZ Bank had been to me and my company and that
any other issues had absolutely nothing to do with their desperate need
to tidy up the affairs of me and mine. A subsequent meeting at the ANZ
Grafton Street Cairns with Mr. Nathan, was an absolute waste of time,
because like a trained blood hound he had a one track mind. I could not
understand how such a high official of the bank could be so bloody
minded and not want to give any due consideration to what I was doing on
the Bank’s and Reef’s Unit holders behalf. Maybe, the explanation lies
in the Four Corners programme, that intimated that bank officers, in
like positions, get paid a healthy commission on the amounts they
recover, hence they have no interest in honesty,integrity, ethics or
fair dealing.
I have researched and investigated the reasons why such a high powered
official of the bank would bother to find time to meet with me unless I
was close to uncovering the biggest scam of this decade. I believe the
court has been used as a sledge hammer in a deliberate attempt to
quickly wipe me out and to deny me natural justice. My ability to fight
on with no money and few personal possessions would mean that I would
simply disappear from the scene and go away and die. Problem solved.
Members of the Board, this is not just a case of a straight forward
default in normal life’s circumstances. It is part of a much bigger
picture that radiates around my liquidated companies involvement in the
construction of the Reef Hotel Casino in Cairns.
I appealed to Mr. D. P. Mercer to intervene in light of the extent and
gravity of the ANZ Banks exposure to the site. On the 30/1/97 I asked
him to request my correspondence from Mr. John Buckley, who I believed
to be the officer in charge of the financing arrangements to the Reef
Casino. On the 16/1/97, further to a telephone conversation that
afternoon, I faxed to Mr. Buckley thirty four pages of correspondence
that should have made any responsible bank officer have grave concerns.
I received no reply.This raised my suspicions even more. Could some
officers be involved in what I believe to be a conspiracy to defraud the
unit holders? Given the history of Australian Corporate Governance, on
28/1/97 I asked him some very serious questions, to which he replied via
Mr. Peter Hansen, manager public affairs NSW., that amounted to
absolutely garbage.
THIS ONLY RAISED MY SUSPICIONS MORE.
On 30/1/97 I received a fax from Minter Ellison and my reply to that I
copied to Mr. D. P. Mercer. This raises some very important questions.
Did Mr. Mercer, his secretary , or his assistants request copies of my
correspondence from Mr. Buckley? If not, why not? If yes, what
responsible action was taken by the bank to investigate my serious
concerns? Why have I not received any recognition,or any further
enquiries from the bank,to aid them in their investigations into the
fraudulent activities that I have uncovered? This raises further
questions? What is going on? What is the extent of these fraudulent
activities?
Let us dig a little deeper by looking into the travesty of The Reef
Corporate Services, the Trust’s Manager. Asking the following questions
does raise some disturbing issues;
1.Why did Mr. John Coates, the Chairman of Reef Corporate Services,
resign.?
2. Why did Sir Sydney Williams and Mr. John Morris also resign?
3. Were they alarmed at what I had brought to their attention?
4. Were not these gentlemen the independent unit holders
representatives?
5. Did they identify for themselves the extent of the conspiracy to
defraud the unit holders?
6. Why did they turn their back on their fiduciary duty as directors?
7. Did they fail their duty of care?
8. Why did they resign? The real reason.?
9. Why did Mr. John Coates condone the actions of Mr. Darryl
Courtney-O’Connor and Mr. Paul White of Concrete Constructions
conspiring together to remove the Superintendant from his audit
responsibilities?
10.Is not such action contrary to the D &C Contract and Prospectus
provisions and therefore illegal?
11. Given this fact, why did the Perpetual Trustee Company pay out
uncertified funds which were not audited by the Superintendant?
12. Why did the Chairman and the Board let Mr Courtney O’Connor
run the show as if it was his own private company with his own personal
private money?
13. Is it true that the ANZ Bank has fixed and floating charges over
Touraust?
14. Is it true that ANZ Bank hold fixed and floating charges over
Development Capital of Australia?
15. Does the ANZ Bank also have fixed and floating charges over Country
Comfort Management?
16. Does the ANZ Bank in effect control Mr. Darryl Courtney O’Connor?
It seems to me that Mr. Darryl Courtney O'Connor is associated with
everything except the Casino licence itself. However, the restructure
will change all that.
Could not one assume that the ANZ Bank through it’s $105 million
facility and it’s fixed and floating charges would be interested in the
concerns I have raised?
If not, why not?
Is it not ironic and disconcerting that the directing will and mind of
the Board, directly or indirectly caused the default of the Reef Casino
Trust? Darryl Desmond Courtney O’Connor, was the development manager on
what has resulted as a proven illegal and non complying building. How
much was he or his Companies paid to oversee such incompetence? He was
directly involved in what I believe to be the extortion of unit holders
funds by removing the Superintendent “ to save public embarrassment and
humiliation as attested by the Perpetual Trustees employee Mr. Ilija
Janjis. If you have problems getting answers to any of your enquiries ,
it will be because of these DEEDS OF SECRECY, that are so secret that
the co-signatories can not even admit or deny they have signed anything.
These DEEDS, I believe were drawn up by Mr. Ron Finlay of Corrs Chambers
and Westgrath and possibly Rosenblum and Partners and are specifically
designed to cover up the extortion of unit holders money by Concrete
Constructions. Members of the Board this is nothing less than white
collar criminal activity at it’s best It is on the public record that
mis -management of the entire enterprise has in part or wholly
contributed to the present situation. I was of the opinion that under
the corporations law, directors of a public company had to deal at arms
length when it came to dealing with public funds. Why does he, O’Conner
lay all the blame at the feet of Casinos Austria when they only run the
tables? As I write this he is emerging smelling as sweet as a rose,
with what would appear to be with strengthened control. As of todays
date a unit holders nett worth is virtually nothing, yet Mr. Courtney
O’Connor and his consortium are planning a deal with an Asian company to
side slip their share holding as consideration into a new entity. How
much will their nett worth be in comparison to the ordinary unit
holders?
Was plan B always to run the show into the ground.?
Did ANZ bank officers contribute to this plan by withdrawing the Junket
Funding overdraft.?
This caused Casinos Austria to cancel arrangements of 12 months of
Marketing in Asia that already had in the vicinity of Sixty Million
Dollars pledged to gamble over the Chinese New Year.
Have you as directors, ever heard of anything so commercially ludicrous
as somebody granting an option to Casinos Austria to realise their share
holding at a price that caps the whole project at less than $35 million.
How can it be ethical for the foundation share holders to vend their
units for consideration and worth, yet on the asset and liabilities
statement of an ordinary unit holder, theirs would be worth zero? This
raises more questions. If you as directors, have been privy to the
correspondence I sent to Mr. Buckley, you may come to the same
conclusion as I, that a more sinister agenda is apparent. Have some ANZ
Bank officers also been party to a sinister agenda to defraud the unit
holders?
Since the 1/12/95 when we at the Cairns Glass Co., published to all
responsible parties, that we believed that the glass we were given to
install was illegal and non-complying, I have discovered all these other
issues in my investigations. We have been through a liquidation process
due to the above mentioned conspiracy. I have at considerable cost to my
health and well being, and that of my family, worked tirelessly to
recovering what is legally owed and enforceable. To date all my concerns
re sub standard building have been substantiated and yet, as of today’s
date, I have still refrained from publishing.
Now, I will tell you why, the D &C Contract and Prospectus have been
contemptuously breached more times than you have had hot dinners. I
believed one course of action open to me was to give Queensland
Governments Project Services enough time so that they would be put in a
position of refuseing to issue a certificate of compliance to the
Building Code of Australia.This is why wind tunnel testing is in
progress.After construction not BEFORE!!31/1/97 was the sign off date.
That is what I meant by you having to face the possibility of writing
off $100 million. To publish in the public forum the facts and
circumstances I have uncovered could cause fear for public safety and
anger from the unit holders because of the deceit.
Members of the Board, now that you all have been personally informed, I
will leave it up to you to ponder how foreseeable the damage has been
to the unit holders. You might like to ask your Minter Ellison and your
Corrs Chambers and Westgrath’s about this.
Now back to Col and Yvonne Hubner and the ANZ Bank. By nature I am a
reasonable man. I have always had a close working relationship with the
ANZ Managers through out our fifteen years association, and am therefore
reluctant to bring their names and reputations into the issue. However,
It becomes a matter of lawful responsibility and acting in good faith.
The following are some of the issues I believe you are going to have to
address.
1. I had a special relationship with your Mr. Poulsen and discussed at
length a plan to make my assets work for me , due to my deteriorating
medical condition. I relied on Mr. Tony Poulsen re the glass industry
and he even supplied me with the copies of the banks research documents.
2. I relied on Mr. Tony Poulsen’s ability above mine to check out J.M.L.
Constructions.His reply was “ no worries Col” Subsequently, J.M.L.
still owes us in the order of $400,000.00 . My own research now tells
me they have a long history of liquidations and non performance and
payments to sub contractors.
3.This, and other events, have proven the advises to be mis- leading and
as a result I have suffered economic damages and loss.
4. A fiduciary relationship did exist due to my medical condition.
5. The ANZ Bank failed to follow instructions regarding signatories on
cheques.
6. Hence this opened the way to cheques being drawn that were not
legitimate accounts of the company.
7. The ANZ Bank over- rode my request for my accountant of thirty eight
years to do up the companies books for the banks accessment and insisted
that a National company do them.The books proved to be false and untrue
as the financial accounts were deficient and understated the loss by
250%. Further, I had to mortgage my elderly parents home within a month
of the loan being actioned. This could I believe, amount to
unconscionable conduct.
8. Through this action a misrepresentation of fact was committed by
Price Waterhouse.They did not comply with the Australian Accountancy
Standards. The bank officers trained in the understanding of financial
figures failed to detect the material flaws of the financial documents.
9. The bank breached its duty of care within a fiduciary relationship
and as a result I suffered loss.
10. I also had a special relationship with Mr. Lettice to the extent
that he was even in attendance on a Sunday, in the presence of my
accountant Mr. D. C. Drury, in Malanda 100 km away from Cairns, when
Cheryl Taylor-White resigned her position as CEO of the Cairns Glass Co.
and relinquishing her share holding. He, Lettice said,
“ Col, if this happened at the bank, all we would do is call the
police”
This proved to be the catalyst. However the damage had been done by
Price Waterhouse not reporting the true and exact position. But for the
banks insistence on a National company, my accountant, would have
presented the true facts of the Companies position. Therefore I was
misled.
11. At no time at the signing of documents was I ever offered the
opportunity to check or read same or advised to seek legal or accounting
advice before signing.
12. Likewise, my wife Yvonne Hubner was simply requested to sign the
documents.
At the time Yvonne felt uneasy about the situation and it wasn’t until
September of 1996 that she was informed she had signed acceptance of
fixed and floating charges over our traditional family company COURTDEEN
PTY LTD and it’s assets.
The ANZ Bank condoned the misrepresentation of facts in the affidavit of
ROBERT GEORGE PETTY deposed on 12/5/97 ( If I lie in an affidavit the
going rate is 14 years jail. Are bank officers exempt?) Surely after 6
months he could take the time to get it right. This I believe is
contemptuous disregard for the truth and caused us great distress. I
will remind you that the Supreme Court Judge repeatedly requested to
your Barrister that the matter between the ANZ Bank and myself be
mediated due to the commercial reality of my statement to the Court.
Given that fact, lets quote Mr. Les Nathan, State Manager Group Credit
Management
“ The bank must continue on its present course of action unless another
commercial alternative can overtake current events.”
If all I have written does not constitute a commercial change, all I can
say is, “what in the hell does.”
Members of the Board, lets settle this amicably here and now for a
peppercorn or a dollar.
1. Withdraw your Supreme Court action against myself and my wife.
2. Hand up the deeds of my flats 333 Draper Street, Cairns.
3. forgive the debt of the Cairns Glass Company (in liquidation)
guaranteed by C. R. and Y. Hubner.
4. Tender a bank cheque for $210,000.00 to reinstate our Atherton
properties.
5. Tender a bank cheque for $150,000.00 to reinstate my parents
property.
6. Tender a bank cheque for $120.000.00 for money I personally applied
to the Cairns Glass Co.
7. Loss of rents, tender a cheque for;
(a) Herberton Road Property Atherton since 1/11/96 $ 4,200
(b) 333 Draper Street Cairns since the 24/12/96 $ 21,000
IN RETURN
1. I will not pursue the bank in a negligence action.
2. I am prepared to act as a consultant to the bank that by now should
be mindful of their duty of care and the repercussions of failing that
said duty.
3. Lead the bank to where the evidence lies and through the discovery
process will prove to any court, the concerns I have raised.
4. To work with the bank to have their mortgaged property restored so
that it complies with the Building Code of Australia and Australian
Standards. This will ultimately remove the risk of surrounding property
damage and risk to the lives and welfare of the citizens of Cairns
before the next cyclone season. As it stands, negligence in compliance
to standards, it could cause insurance protection to be withdrawn. Now
that you have been informed of the status of the building, the bank as
mortgagee, has a duty of care to ensure that what in effect is their
building, complies to the Building Code of Australia and Australian
Standards. I believe failure of the Board of Directors to act on these
advices, (bearing in mind I am no expert therefore I have no licence to
lie) could place each and everyone of you in a negligent position, if
someone was to be killed, maimed or injured. Duty of care is not
something you wear on your sleeve. I will be more than happy to further
enlighten you and render you every assistance.
Members of the Board, I have lived this nightmare for so long, but
believe me, I will spend the remainder of my life fighting for justice
to be done to me and mine. I extend to you this opportunity to come to
terms with the gravity of this situation and the opportunity to minimise
further loses to your share holders and your share price. It is because
of such considerations to others that I have until this present date
refrained from taking the story of the Reef Casino fiasco into the
public forum.
I ask you as a board to consider the commercial reality of events I
have outlined.
Yours faithfully,
COL HUBNER.
PS. JUST IN CASE THEY CANNOT BE LOCATED EASILY, COPIES OF MY TWO LETTERS
TO MR. BUCKLEY 16/1/97 and 28/1/97 SHOULD BE AVAILABLE FROM HIM, ALONG
WITH COPIES OF OTHER CORRESPONDENCE.
IN THE UNLIKELY EVENT THAT THEY ARE NOT AVAILABLE ANYMORE, ASK
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