By Gi Linda --
Without informing creditors, in January 2018, Vincents' liquidator Steven Staatz initiated an application in Qld Federal Court requesting appointment as receiver of Wollumbin Horizons authorized to wind up the company, sell its property and exercise a lien over the estate to pay himself and his legal team at Patane Lawyers.
During case management hearings, Docket Judge Derrington refused to allow objections that the Court was being asked to facilitate phoenix action based on errors of fact presented in perjured affidavits. He also refused to hear objections that granting of receivership to Staatz would be a misapplication of law, since legal title to the estate was acquired fraudulently by Brennock, and so is defeasible.
During case management hearings, Docket Judge Derrington refused to allow objections that the Court was being asked to facilitate phoenix action based on errors of fact presented in perjured affidavits. He also refused to hear objections that granting of receivership to Staatz would be a misapplication of law, since legal title to the estate was acquired fraudulently by Brennock, and so is defeasible.
Because of this denial of procedural fairness, a cross-claim was initiated against Vincents’ liquidator, Staatz, as a representative action on behalf of 16 defrauded investors.
At the hearing of joinder of parties to the cross-claim, Docket Judge Derrington dismissed the cross-claim as “scandalous and vexatious” without hearing evidence, and issued a suppression order over all related court documents.
A final hearing of Staatz’ application for receivership, promising sale of the land back to Brennock, is listed for December 4, 2018, without any unsecured creditors being admitted as legitimate. The sole secured creditor, with a $1 share, is mortgagee Adrian Brennock, who asserts his claim to ongoing ownership of land title by holding the first right to a registered mortgage over the property that he mortgaged.
Seven "unit holders" in the pseudo-trust, promised return of their life savings by Darwin and Staatz in exchange for facilitating the phoenix move, have been twice warned by Derrington J that their expectation is unrealistic, but, assisted by comedian Mark Swivel who moonlights in practice of law, they persist in requesting recompense for themselves exclusively.
Knowing that Darwin and Brennock commit perjury with impunity, having experienced the intimidation of their bullying, bereft of life-savings and unable to afford representation, other defrauded investors observe that the supposed “justice” system habitually favors the dominant commercial interest, in this case wielding the double-edged sword of cold injustice to further disenfranchise victims of crime.
Most now conclude that Natural Justice is denied in Australia's Federal Court, and, after their cross-claim as a class action was thrown out and suppressed without hearing evidence, some have given up hope. Others are preparing an appeal.
