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You Cannot Trust the Public Trustee

This is a long story with a bad ending.

The bad ending was that Mr Justice Martin ratified the legal theft of Ross Taylor’s family home by his accountants, the Xxxxxx Family Trust. On 12 September 2012 Martin J ordered that:

“A Deed of Agreement between the Public Trustee as financial administrator for Carl Ross Taylor with the Respondents (the “Xxxxxxs”) dated 31 August 2012″ be accepted and that the house be transferred to the Xxxxxxs family trust.

This was despite the fact that Mr O’Regan of counsel gave a legal opinion to the Public Trustee in a letter dated 18 Nov 2011:

On the basis of my current instructions, I think Mr Taylor has reasonable prospects of: (a) establishing undue influence with respect to the gift of the Property to the Xxxxxxs; (b) obtaining an order for the transfer of title to the Property back into his (Ross Taylor’s) name.

Then the Xxxxxxs and the Public Trustee combined with the Public Guardian to abduct Ross Taylor from his house and lock him up in a high security facility 100 kms from home and friends. Ross remains there to this day.

__oOo__

Their dream was to use their life savings to start a community centre called AHIMSA (Peace) House.

bernie on ahimsa house roof

One of Ross’s supporters on AHIMSA house roof

When Ellen died (either late 2002 or early 2003?) Ross Taylor approached an old friend, Brian Laver, from the Self-Management Group (SMG) to help him realise his wife’s wish as a memorial to her.

A trust was supposed to be set up to manage Ross and Ellen’s dream.

This never happened. Instead a high risk loan with a merchant bank was envisaged. It meant refinancing and doubling an existing loan – a loan that AHIMSA was unable to service. Financial advisors were engaged and along came the merchant bank only too ready to supply the cash for further expansion of the dream to establish an institute for social ecology in Horan Street, West End in Brisbane. More drawings (pictures) were provided and Ross provided more drawings (from his personal bank account) to fund the dream.

It is not as if Friends of AHIMSA had any other choice but to ask prospective buyers to consider their options seriously before bidding for 26 Horan Street West End.

Bri Ferrier (receivers) and Colliers International (auctioneers) were put on notice that a fraud has been committed and to proceed with the sale is unconscionable. Today the property was ‘passed in’ at auction which means that only $980,000 was bid which is far less than the reserve price. Experts say the property market is down. I wonder if this is true given that huge rents are being demanded by landlords in the same suburb?

AHIMSA House – not for sale
Police were called by the Challenger bank appointed receiver, Bri Ferrier, to AHIMSA house at 26 Horan Street West End today.

Challenger Bank wanted to sell AHIMSA house to recover a loan taken out using a mixture of fraud and legal fiction. 1/6 of AHIMSA House was signed over to Will Marcus (an architect) in order to get a loan from Challenger bank. Colliers Representative claimed that the rightful owner Carl Ross Taylor (it was his name on the title deed and no one else’s) was not who he claimed to be despite the fact that Ross provided him with a drivers licence and credit card as proof of identity.

Colliers called in the police and the receiver Bri Ferrier who claimed that we were trespassing on bank property even though Ross Taylor had invited us to occupy the property and to bring our signs.

Colliers representatives had the owner evicted from his own property to facilitate the sale by the bank.

One person was arrested by West End police but released without proper paper work being done.

This rear guard action by the Friends of AHIMSA community house was necessary because the Public Trustee has failed to do his job as guardian to protect the interests of Ross Taylor. Ross has been the victim of fraud. Repeated complaints to police, the Premier’s office, the financial ombudsman and other civil and political officials have resulted in attempts to sell AHIMSA house. Today the property was ‘passed in’ at auction which means that only $980,000 was bid which is far less than the reserve price.

Despite documents demonstrating fraudulent giving of 1/6 of the property to Will Marcus Architect and his unlawful gaining $168,032 from the loan by Challenger, the public trustee, Peter Carne, and his instructing solicitor has failed to act.

It is now likely that the state government will intervene to bail out the bank in the same way banks around the world are being bailed out by public funds. This amounts to theft by public officials to line the pockets of big business at the expense of ordinary people.

Where to now?

Ian Curr
September 2012

Reference
Supreme Court hearing on 12 September 2012 – QSC12-358…court CRT

37 responses to “You Cannot Trust the Public Trustee

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