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I wish to breed from my Parson Russell Terrier. He is a trained assistance dog. He has a wonderful nature. The breed of his mate could be varied or a cross; eg Parson Russell Terrier, Jack Russell Terrier, Beagle, Bull Terrier, Bull mastiff, Staffy, and/or Fox Terrier plus many others. She does not need to be "pedigreed". I am very protective of my dogs. She will become very valuable to me and become one of my assistance "dogs". If we can assist each other, please contact me on my contact form, including your email address and your landline phone number so I can phone you to discuss. 

Because I am disabled and have an LLB [so therefore understand the Law surrounding disabilities and assistance dogs] I am now branching out to providing Assistance dogs to disabled persons [even if disabled in only a minor way and so not even realizing it]. This is not a business proposition but rather just a very necessary service I can offer to the community.
Many people have a disability and do not realize their ailment or "problem" is by law, the Disability Discrimination Act 1992 (Cth) [DDA], classified as a "disability". This is especially so for people getting on in years, and who have a dog, and are maybe moving to accommodation where they are told they cannot take their dog. In a majority of cases, those people cannot be legally forced to surrender their animal/dog.
I will be assisting those person who already have dogs, but are being forced, unlawfully, to dispose of them because maybe they are moving accommodation. I can train your existing dogs to be assistance dogs and provide the documentation as required by the Disability Discrimination Act 1992 (Cth) [DDA]. I do not intend to charge for this, but just maybe cover some marginal costs.

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Index: Corrupt Qld Judiciary:Chief Justice Paul de Jersey:


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   It is Our legal, social and moral DUTY to EXPOSE CRIME, FRAUD & CORRUPTION plus Lying and Hypocrisy in Public Life, Including Judges & magistrates 
 

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Corrupt Qld Judiciary: Chief Justice Paul de Jersey/ header.php

   Corrupt Qld Judiciary:
 Chief Justice Paul de Jersey 

Does the CMC have the bribery evidence to control him?

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Appendix (e): The case History of Alan William McMinn and his wife, Wilma Helen McMinn:

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Publications by John Alfred SALMON: retired Bank Manager, [for NAB].

  1. THE UNTOUCHABLE BANKS: An exposé of banking process and legal deception; by John A Salmon
  2. Problems Experienced by Bank Litigants in the Jurisdiction of the Supreme Court of Queensland



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Appendix (e): The case History of Alan William McMinn and his wife, Wilma Helen McMinn:

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Publications by John Alfred SALMON: retired Bank Manager, [for NAB].

  1. THE UNTOUCHABLE BANKS: An exposé of banking process and legal deception; by John A Salmon
  2. Problems Experienced by Bank Litigants in the Jurisdiction of the Supreme Court of Queensland



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Appendix (e): The case History of Alan William McMinn and his wife, Wilma Helen McMinn:

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Publications by John Alfred SALMON: retired Bank Manager, [for NAB].

  1. THE UNTOUCHABLE BANKS: An exposé of banking process and legal deception; by John A Salmon
  2. Problems Experienced by Bank Litigants in the Jurisdiction of the Supreme Court of Queensland



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Appendix (e): The case History of Alan William McMinn and his wife, Wilma Helen McMinn


Appendix (e): The case History of Alan William McMinn and his wife, Wilma Helen McMinn



In May 1995 the McMinns were in semi-retirement now living on the Gold Coast, having recently moved from Victoria. They became interested in purchasing a child minding centre and were no doubt influenced to some degree by their solicitor and personal friend, Colin Nantes. The McMinns were aware that their solicitor had interests in child care centres himself.

Colin Nantes introduced the McMinns to Eddie Groves and a meeting was arranged on the 22 May 1995 with Eddie Groves being accompanied by his right hand man, Tony Martin. Eddie Groves informed the McMinns that he and his wife were selling their ABC Learning Child Care Centre at Oxenford for $1.3 million. Eddie Groves also advised the McMinns that this child care centre had vacant land attaching to the existing child minding centre with plans approved by council for a second child minding centre to be built.

The McMinns proceeded to their existing bankers, the ANZ, who had given the McMinns a triple AAA credit rating on the basis of their past borrowing record. The ANZ declined to assist the McMinns to purchase the child minding centre because not only did they consider that the contract purchase price at $1.3 million was overpriced, but their policy was that they were only prepared to lend up to fifty percent of the market value of the real estate of the child minding centre and they were not prepared to lend against the stated goodwill and chattels as contained in any Business Contract.

The McMinns pursued other sources of finance with no favourable response forthcoming. When this news was conveyed to Eddie Groves, he instructed the McMinns to seek an appointment with the NAB's Commercial Business Manager, Geoff Sullivan, who worked out of the bank's Bundall office.

T


he suggested meeting with Geoff Sullivan took place and Sullivan advised the McMinns that it was not a banking proposition and declined to assist. His adverse decision was conveyed to Eddie Groves who showed obvious annoyance with the NAB's refusal to assist in the purchase of the child minding centre. Eddie Groves told the McMinns that he would discuss their application for finance with Geoff Sullivan himself and get back to them in due course.

Subsequently, another meeting was arranged with Eddie Groves and his senior advisor, Tony Martin, and the McMinns, who in turn were accompanied by their solicitor, Colin Nantes. At this meeting, Eddie Groves gave the McMinns a receipt for $100,000 when there had been no consideration exchanged. I hold a copy of this document. Eddie Groves also informed the McMinns that he was prepared to carry $70,000.00 of the contract purchase price by way of an unsecured loan on an interest only basis with principal repayment to commence when they could afford it. Groves told the McMinns to go back to the NAB and see Geoff Sullivan who would attend to their needs.

The McMinns met with Geoff Sullivan as arranged and handed to Geoff Sullivan a copy of the receipt for $100,000.00. Sullivan was also advised that Groves was prepared to carry $70,000.00 by way of an unsecured loan on an interest only basis. Alan McMinn pointed out to Sullivan the $100,000.00 receipt represented $50,000.00 in deposit monies for the child minding centre and the $50,000.00 balance was to be applied to the Land and Building Contract.

Geoff Sullivan then advised the McMinns that the NAB was prepared to advance the sum of $840,000.00 to assist them to purchase the child 'minding centre for $1.3 million.

At some later stage prior to settlement, Geoff Sullivan contacted Alan McMinn to inform him that on his recalculation of the upfront monies needed to purchase the child minding centre there was still a short fall of $30,000.00. After some discussion between the parties, Geoff Sullivan agreed to advance Alan McMinn's eldest daughter, Robyn McMinn, a $30,000.00 personal loan with security to be taken over the McMinns’ Ford Mustang, 1970 model V8 302 two door convertible, three speed automatic in virtually pristine condition. When the loan was repaid, Robyn McMinn was to be the owner.

Robyn McMinn signed all NAB documents in Geoff Sullivan's office which in essence sealed the deal for her parents. Geoff Sullivan made no attempt to ascertain details of Robyn McMinn's income which she thought very strange at the time. In due course the McMinns signed all the NAB's security documentation.

When the McMinns came to sign documentation for the $70,000.00 ‘unsecured’ personal loan on an interest only basis from Eddy Groves, they were required to execute second mortgage documentation (unbeknown to the bank) over the child minding centre. While the McMinns remonstrated in response that this was not part of the deal, they had no option other than to comply. It was stressed that the mortgage would not be registered. (Two years or so down the track, Eddy Groves did register this mortgage and it was this security which apparently precipitated initial demand for the repayments of monies owing to the bank by the McMinns.)

Some months after the McMinns signed the bank’s documentation in October 1995, Alan McMinn was advised by NAB employees at the Bundall office that Geoff Sullivan had “left the bank”. (Background experience indicates to me that this terminology is applied by the NAB when they have forced an employee to resign when that employee has found to be engaged in deceitful process. This process allows the employee to retain their superannuation benefit and also, in the future, if the employee happens to be questioned as to what prompted him to leave the bank, he will simply say that he resigned for personal reasons. He was not sacked.)

An examination of the NAB's discovered documents reveals that Geoff Sullivan has falsified documentation contained in the McMinn customer file. This fraudulent process of record of preparation enabled Sullivan to approve the proposition submitted to the bank on presentation. Sullivan deceived his employers by compiling an apparent Manager's Approval Application whereby the record that the McMinn's residential property and proposed security was held unencumbered when the relative title deed was subject to a home loan mortgage for $250,000.00 which had recently been approved by Sullivan.

What this means is that the McMinns did not have an acceptable proposition for finance in the first place. This situation is confirmed by the NAB's internal letter dated 7 January 1997 which is raised by the NAB's Property Finance Unit and addressed to The Manager, Bundall Business Banking Centre 084462 wherein it states:

''The situation is also constrained by the fact that our initial assessment of the Centre in August 1995 was based on an additional first ranking residential property security with a (then) estimated current market value of about $500,000 being also held to support existing debt. It would appear from your current representations that there is a home loan of $250,000 against this residential security.”

One can automatically deduce from this quoted statement that Geoff Sullivan has deceived his employer by not disclosing the home loan debt. It is my view that the actions of Geoff Sullivan as illustrated are grounds for his sacking from the bank.

This Property Finance Unit letter dated 7 January 1997, states, "The Centre, purchased in August 1995 for about $1.2M.” Both the Business Contract and the Land-and Building contracts were each drawn for a sale price consideration at $650,000.00. This makes the aggregate purchase price in the hands of the McMinns at $1.3 million, not $1.2 million.

Further deceptive process of Geoff Sullivan is revealed in the Internal Memo dated 21 November 2000 which was signed off by NAB's Business Manager, Mark Kammholz, and was addressed to the Controller of the NAB's Asset Structuring Unit.

Mark Kammholz states in this Internal Memo, "I made McMinn aware from the outset that the funding Sullivan had put in place was outside the Bank's lending guidelines for Child Care Centres." This Internal Memo further revealed that the vendors, Eddie Groves and his wife, were: "as per page 1, paragraph 5 [this comment refers to the original line of Credit Application] carrying $70K on an unregistered mortgage."

It would seem once again that Geoff Sullivan did not disclose this initial aspect in his Line of Credit Application which he raised on account of the McMinn Child Care Centre. Further confirmation is revealed in this Internal Memo dated 21 November 2000 concerning the omission of the Home Loan Debt which was in existence. The memo states, "John Yeoh was rather negative at the meeting and about the project in particular the fact the existing borrowing included a home loan of $250K which we did not know about when he supported the original proposal."

What the NAB's documents reveal as described above is highly disturbing and the full circumstances of the McMinns' purchase of 'the Child Care Centre from Eddie Groves indicates that this couple could well be the victims of an NAB "sting" operation. This conclusion is further accentuated by the fact that Alan McMinn was to learn about mid 2000 or shortly thereafter that his solicitor, Colin Nantes, was struck off by the decision of the Solicitors Complaints Tribunal.

A search of the Tribunal's web site reveals that charges as set out in the Notice of Charge dated 9 February 2000 had been proven. Charge 1 was stated as: “On or about 25 February 1999, the practitioner misappropriated the sum of $141,930.58 belonging to his client, CJH”, while Charge 2 was stated as: “On or about 14 July 1999, the practitioner falsely represented to his client, BN Pty Ltd, that an advance of $60,000.00 made to it by the practitioner on or about 20 September 1994 was secured by a first registered bill of mortgage when in fact that was not the case.” The Tribunal found that the charges as per 1 and 2 were proven. The Tribunal ordered that the practitioner, Colin Richard Nantes, be struck from the roll of solicitors of the Supreme Court of Queensland.

The McMinns now believe in retrospect that Nantes was supporting Eddy Groves in contract purchase matters and these two people conspired with Geoff Sullivan. This conspiracy induced Geoff Sullivan to raise a fabricated Line of Credit Application which dishonoured his employee, the National Australia Bank.

The McMinns were oblivious to these machinations. In 1996 they embarked on the construction of a baby care centre to complement the child care centre, plans for which were included in the initial purchase. But the bank arbitrarily halted construction in late 1996 which prevented completion in time for 1997 enrolments, a delay which put the centre in the red and on watch.

The McMinn litigation in the Supreme Court of Queensland, No 5580 of 2001, where the National Australia Bank was the Plaintiff and Alan William McMinn and his wife, Wilma Helen McMinn, were the Defendants.

The Plaintiff' bank succeeded in a Summary Judgement Application on the sum of $843,465.88 on the 8 August 2001.

The NAB then entered into proceedings in the Federal Magistrates Court of Australia and the McMinns filed affidavit material in the court on the 13 November 2001 seeking to have the Judgement in the Supreme Court in No 5580 of 2001 set aside. This Application was adjourned on the 30 November 2001 in view of the fact that the McMinns had filed an Application in the Supreme Court to have the default judgement, as previously mentioned, set aside. Filing of the Application took place on the 12 November 2001.

The McMinns’ Application to set aside the NAB's Default Judgement took place on the 30 November 2001 with Chief Justice de Jersey presiding.

The transcript of proceedings comprises ten pages, of which I hold a copy and I am able to say that the Chief Justice makes no attempt to disclose to those present in the court room that he was "just a day to day customer" of the National Australia Bank, the Respondent in the McMinns’ Application. I should inform the reader that the McMinns were unrepresented litigants.

While the thrust of the dialogue which took place relates to the reasons why the McMinns did not file a defence with respect to the NAB's Application for Summary Judgement, there were also some significant matters brought to the notice of the Chief Justice.

A


lan McMinn highlighted the matter that the NAB had refused to discover documents and the NAB's counsel informed the Chief Justice that the application in this regard to the Federal Magistrates Court had been unsuccessful.

Alan McMinn advised the Chief Justice that he would like more time to present additional information before the court, in essence a better defence. McMinn highlighted the issue of the NAB's appointed receiver/manager appointed had sold their child minding centre on a substantially under value basis.

(There was a valuation in 1996 by Herron Todd White of the expected value of the two businesses of $2,050,000. With the McMinns under pressure to sell the property following foreclosure, they obtained a contract for $1,700,000, at the same time that the bank appointed Arthur Anderson as receiver. The offerers heard about the receivership, and made a reduced offer of $1.51 million. The receiver claimed that the offer was not genuine, although no contact was made with the offerer. The bank sold the property for $1,180,000, in July 2000 with settlement in September. The property was sold rapidly and by tender, not by auction.)

The Chief Justice made the statement to those present in the court room, "Is all this being recorded by the way? Yes, thank you."

The Chief Justice then terminated the hearing to hand down his Order and at the same time stated that somebody else would preside over the next hearing as he had a murder trial.

The Chief Justice’s Order was contained within four pages and he indicated therein that the McMinns' material was inadequate to support an Application to set aside the Summary Judgement decision handed in favour of the NAB at this stage. The Chief Justice pointed out the fact the McMinns were unrepresented and adjourned the hearing to the 12 December 2001.

The next hearing took place before Justice Muir on the 17 January 2002 and once again the McMinns were unrepresented. I was present in the courtroom to observe proceedings.

I was present in the courtroom when Alan McMinn informed His Honour that he strongly believed that both he and his wife were the victims of NAB fraud. Justice Muir responded by saying, "Litigants should be careful about making allegations of fraud against banks. It has been my experience that on the basis of 100 allegations of fraud against banks, 99 have no substance and cannot be sustained." Some days later I checked with the State Reporting Bureau and perused the initial hard copy they had raised and Justice's Muir's comments were not contained therein. Another example of transcript "doctoring".

With reference to Justice Muir's comments concerning allegations of fraud against banks. It is my view the conclusion of His Honour is most definitely incorrect and that the reverse statistic is a far more accurate one, In other words, 99 allegations of fraud against banks is far more accurate than one.

Justice Muir handed down his eight page order on the 25 January 2002. The substance of the Order was that the receiver/manager had a responsibility under Section 85 of the Property Law Act to take reasonable steps to obtain a market value of the property sold, the NAB's child minding centre security. At this hearing, the McMinns were represented by counsel.

Justice Muir delivered his judgement' with respect to the hearing of the 25 January 2002. His Honour stressed that the most substance in the Applicants' argument revolved around a breach of Section 85 of the Property Law Act. His Honour considered that any possible loss suffered by the McMinns was no more than $380,000.00 and therefore their case is borderline.

Justice Muir then adjourned the hearing until the 7 February 2002 and reserved costs. The hearing reconvened as scheduled and Justice Muir said that it would not be appropriate that the judgement (the Summary Judgement of August 2001) be set aside in full.

A draft Order was presented to His Honour and he indicated to those present that there would be amendments which he would initial.

At what stage the McMinns were given a copy of the draft Order is not known. The McMinns have been endeavouring to obtain a copy of the court’s Formal Order; however they have been unsuccessful to date.

Alan McMinn has given me a copy of the initial Order which was then subject to amendment by Justice Muir. This Order states: "2. The applicants be given leave to defend the proceedings based on an allegation of breach of s.85(1) Property Law Act 1974 in the process of sale of the land at lot 117 on RP 142512, carried out by John Georgakis as mortgagee agent of the plaintiff appointed 4 April 2000 but excluding: (a) any allegations of fraud or deceit by either the plaintiff or John Georgakis:11

Why should the McMinns be precluded from filing a claim against the NAB or John Georgakis for fraud or deceit? As it stands at the moment, if the McMinns come into possession of evidence which supports in allegation of fraud or deceit, it means that they must seek leave of the court before filing their claim. In my view, Justice Muir's inclusion of this matter in his order is simply another way of protecting banks with respect to their nefarious activity.

In due course the NAB's instructing solicitors, Thynne &Macartney, discovered some of their clients’ documents and the McMinns allowed me to inspect them. I realised immediately that the bank had not discovered their most important document which was their branch manager's Line of Credit Application raised to approve loans, etc, to the McMinns in October 1995. I told Alan McMinn that this document would disclose in some way the deceitful process of branch manager, Geoff Sullivan.

The McMinns pursued the matter of non discovery of this document with their counsel and also in direct correspondence with Thynne & Macartney. The NAB refused to discover this document on the grounds that that it did not come within the ambit of the McMinn Application and also Justice Muir's Orders of the 7 February 2002. Technically the bank is correct.

The McMinns realised that their chances of ever receiving adequate compensation from the bank were impossible and they have since allowed their Application to lapse.

The NAB achieves success once again in another "sting'' operation.

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