QLD Bankrupt Suing Trustee - Any Opinions?

[gordonc]

A trustee in bankruptcy is getting sued by a bankrupt whose estate he is administrating and the bankrupt's wife for her equity in real estate as beneficial owner (to which the trustee had no entitlement), being wrongly siezed and sold by the trustee who thinks he is above the law, and who is now undergoing a role reversal by being investigated and sued by the bankrupt.

The trustee offered zero atonement, ignored an offer of settlement to avoid litigation, and failed to even provide an explanation. Consequently, a court proceeding was filed on 27 September 2016 in the District Court Brisbane, and is about how the trustee manipulated his way into becoming the power of attorney for the bankrupt's daughter, who, as registered owner held the real estate property in trust for her mother.

Once he achieved the power of attorney, the trustee then helped himself to the property belonging to the bankrupt's wife, whilst the trustee defamed the bankrupt and his wife by falsely publishing that they had abandoned her property when in fact the trustee's henchmen had trespassed and evicted these age pensioners from the property while they were not home.

The trouble for the bankruptcy trustee is that the daughter, as trustee for her mother the beneficial owner of the property, and also owing her a fiduciary duty, needed consent from the beneficial owner to provide the power of attorney to the bankruptcy trustee. There was no consent. If the trustee wanted a power of attorney, he was duty bound to go to court to try and get it, he didn't do that, and now he is dodging answering the hard questions being put to him in this court proceeding.

Opinions are sought.

 

[Tim W]

Sounds like an angry and resentful bankrupt
who has had assets successfully clawed back.

Since you ask, it is my opinion (although not necessarily that of any other lawyer here),
speaking on the fly (and after having revisited an earlier thread of yours)
that you have nothing new, and no further straws at which to clutch.

 

[gordonc]

Jeez Tim W I was hoping for some rational debate based on the facts presented, and along you come with no idea of the background misery caused by this massive injustice bordering on criminal, and cast your opinion.

 

[Tim W]

Well, you did ask for opinions.

If you are a real lawyer which I doubt

The Supreme Court of NSW and the High Court of Australia (on both of whose registers I am listed)
may not agree with you.

Best of luck.

 

[gordonc]

Sounds like an angry and resentful bankrupt
who has had assets successfully clawed back.

Since you ask, it is my opinion (although not necessarily that of any other lawyer here),
speaking on the fly (and after having revisited an earlier thread of yours)
that you have nothing new, and no further straws at which to clutch.

Well the trustee was sued for a multitude of wrongs. The matter finalised at mediation that HE paid for. The settlement has a non disclosure clause, but all is good... my wife just bought a new car. I am now going after his scumbag process server and his company for the following, as he had no warrant of possession to evict us and falsely stated that he had the authority :

6.2 In each and every trespass, the First and Second Defendants failed to :
(a) act with appropriate diligence in undertaking regulated activities;
(b) contact the tenants to seek permission to enter the Property;
(c) comply with the Rules of Entry as provided by sections 192 to 200 of the RTRA Act, and accordingly were in contravention of the Unlawful Entry provision of section 202 of the RTRA Act;
(d) comply with the provision of section 36 of the Debt Collectors (Field Agents and Collection Agents) Act 2014 - Unlawful Entry).

6.3 Further, the trespass and conduct as set out at paragraph 6.1(d) constitute offences :
(a) in contravened sub-sections (1) and (3) of 48A of the IP Act regarding any entry to a dwelling house or the yard of a dwelling house; and
(b) under the common law offence of false pretences.

6.4 And subsequently, in contravention of section 137 of the Debt Collectors (Field Agents and Collection Agents) Act 2014, the Second Defendant made false or misleading statements to the Office of Fair Trading after the Plaintiff made a written complaint dated 21 April 2016 (updated 8 May 2016) regarding the Second Defendant.

 

[RSmith]

Hello gordonc, Did you go down the 'complaint' road to hell before taking the trustee to court?

 

[gordonc]

Yes I did RSmith. Like you say "road to hell", and just another layer of wasted time and frustration, but I did get AFSA to tell the trustee he should pay the money he grabbed back into court.

Much the same thing has happened with the licensing authority (Office of Fair Trading OFT) of the process server that the trustee and his lawyer employed.

It's disturbing that one doesn't have to look far to find a culture of cover up being rampant within government agencies and politicians in Australia, thus creating an ingrained problem for society. It's also ironic that the Justice Minister that oversees the OFT, also oversees the District Court whose Judges I am sure would complain of the increase of litigants in person, like myself.

This website does not allow me to put in a web address for that matter, but if you search Google for, "Warren Russ Process Server" its at the top of the page.

My open letter of complaint to the Attorney General / Minister for Justice, sets out the uselessness of the OFT.

The story has developed into exposing; "The OFT Cover Up".

I have even had a lawyer ring ME about that one saying he would like to represent me, not sure if he's a stooge though.

 

[RSmith]

BTW, not only has your thread been very helpful to me and thankyou for that, but we could have a chin-wag from here to the other side of the New Year about, well, we could start with the amazing deceitful tactics they use - years in advance - just in case they need to 'trump up' something in the future to make it 'appear' that the bankrupts have been naughty little children. Oh yes, many laughs & tears over this whole disgusting joke. People need to be aware of this BEFORE they make an UNINFORMED and UNSUSPECTING decision to throw their lives to the trustee wolves.