Utterly Corrupt Justice System of Victoria, Australia.
Crooks - Double Dealing in land - Part 1.
Buchanan and Palmer Stevens & Rennick were Crooks.
(Note:- This does not reflect in any way on the present principals or employees of Palmer Stevens & Rennick. These things are limited to conduct during the period 1979 to 1990)
In 1979, I purchased my Woodleigh Heights land under a so called "vendor terms contract" which is where a deposit is paid and the balance is due at some later date. In this case, I paid a 10% deposit and the balance was due in two years time. Solicitors Palmer Stevens & Rennick (PS&R) acted for both Buchanan and me in that sale. Buchanan then assigned (transferred) this contract to General Credits Limited (now AGC). The effect of this was that AGC paid Buchanan so he had his money. From that time the contract was between AGC and me, and AGC filed a caveat to protect themselves and me. In about mid 1980, Buchanan told me that he wished to repurchase my Woodleigh Heights land. I agreed to sell back to him but there was no formal arrangement at that time. Subsequently Woodleigh Heights Resort Developments P/L ("WHRD") was set up to develop the timeshare resort. PS&R were also solicitors and financiers for WHRD. In late 1981, I signed an option to sell the land back to Buchanan.
In about March 1982, Buchanan went to Japan for a holiday. While he was away, a Mr. C. K. Lim walked into the office of WHRD and asked if WHRD wished to purchase Lot 10 of the Woodleigh Heights land. They agreed, and on this occasion Mr. Ken Faulkner, a director of WHRD who was also a solicitor, acted in the purchase. WHRD entered into a contract to buy Lot 10 from C.K. Lim. Mr. Faulkner then did a title search and found that C.K. Lim did not own Lot 10. It was in fact one of the lots which I had purchased from Buchanan and it was still subject to the contract which was now between AGC and me and it was protected by the caveat (folio 696) lodged by AGC. From this search Mr. Faulkner also learned that Lot 28 (folio 714) was subject to the contract of sale between AGC and me, but WHRD had purchased this lot from Buchanan on 12th August 1981 and it had been transferred to WHRD.
The situation therefore was:
- In 1979 Buchanan sold 10 lots to me including lots 10 and 28 and PS&R acted in that sale.
- Buchanan then assigned the contract to AGC.
- Buchanan then also sold Lot 10 to C.K. Lim in October 1980 and PS&R also acted in that sale.
- Mr. Lim received nothing, Lot 10 was still subject to the contract to me and remained assigned to AGC.
- The contract to Mr. Lim was a terms contract due for settlement on 23rd September 1983.
- Buchanan then also sold Lot 28 to WHRD on 12th August 1981 and PS&R also acted in that sale.
- AGC executed a partial withdrawal of caveat and released the title to PS&R who then filed the partial withdrawal of caveat with the Titles Office.
- Lot 28 was then transferred to WHRD and PS&R filed that transfer, they did so knowing full well that lot 28 had been sold to me and remained subject to the contract with me.
It is clear that both Buchanan and Palmer Stevens & Rennick were in trouble unless they managed the situation very carefully. On the face of it, Buchanan and PS&R were safe because I had agreed to sell the Woodleigh Heights land to Buchanan and, so long as PS&R acted in the sale, it could proceed without me ever becoming aware of the double dealing. However, for this to work they needed to acquire my land before the option expired on 1st December 1982. It appears however that Buchanan was either incapable of repurchasing or had simply decided to obtain it by further fraud. Either way, a contingency plan was put in place to ensure that the land could not be sold to anyone else.
This contingency plan was the unlawful "Water Supply Agreement". The initial application to the Water Authority, in March 1981, was for the Body Corporate to enter into a water supply agreement; however by April 1981 this had changed to WHRD controlling the water.
The Water Authority had the incentive of protecting the "proviso" and agreed to enter into an unlawful "Water Supply Agreement" with the "developer" which of course was WHRD and not the Body Corporate.
PS&R drew up the unlawful "Water Supply Agreement". At the time of signing that agreement, the Council and Water Authority had already approved the planning permit on the "proviso", and PS&R and Buchanan were at risk from the double dealings, and WHRD had a desire to ensure it obtained my land.
Each of the Council, Water Authority, PS&R, Buchanan and WHRD had a motive for entering into this unlawful Water Supply Agreement. The Council and Water Authority needed to protect the "proviso", PS&R and Buchanan needed to conceal their double dealings, and WHRD needed to acquire my land.
See also Crooks - Double Dealing in Land - Part 2 for complete detail of further double dealing and to see how the situation with Mr. Lim was resolved.
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