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  • The Samil Power Company Case.

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    Inspector McTaggart's Crime Series
    230 Ansichten1 Seite
    Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013) Last Updated: 30 September 2013 IN THE SUPREME COURT OF VICTORIA Not Restricted AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT S CI 2012 03307 SAMIL POWER COMPANY LIMITED Plaintiff v PETER SCHNEIDER & ORS Defendants --- JUDGE: JUDD J WHERE HELD: Melbourne DATE OF HEARING: 8–9 July 2013 DATE OF JUDGMENT: 1 August 2013 CASE MAY BE CITED AS: Samil Power Company Limited v Luckow & Ors MEDIUM NEUTRAL CITATION: [2013] VSC 382 --- CONTRACT – Guarantee – Non est factum. --- APPEARANCES: Counsel Solicitors For the Plaintiff Mr S W Stuckey Zervos Lawyers Mr M Luckow appeared in person HIS HONOUR: Introduction 1 This proceeding was commenced on 8 June 2012 when Samil Power Company, incorporated in the People’s Republic of China, filed a writ and statement of claim seeking payment under a guarantee in the sum of USD2 251 060.25. The guarantee was alleged to have been executed on 12 December 2011 in Melbourne, to secure past and future debts of Cool World Australia Pty Ltd. The defendants were Peter Schneider, John Williamson and Michael Luckow. There was a fourth guarantor, Trevor Shane McTaggart , who had been declared bankrupt two days after executing the guarantee. By their joint defence and counterclaim, each defendant admitted their directorship of Cool World Australia, and that they had signed the guarantee, although they contended that it was in favour of Samil China Co Ltd, not the plaintiff, Samil Power. 2 The guarantors guaranteed payment to Samil Power for amounts due under four invoices following the supply of solar energy equipment and services from China. The goods and services had been ordered by and delivered to Cool World Australia. One shipment had been despatched from Shanghai on 22 August 2011, and arrived about a month later. The total value of that shipment was USD795 120. The terms of trade required Cool World Australia to pay for the goods within 70 days of shipment, which meant that payment was due in early November. The balance of the goods were ordered on 3, 4 and 15 November, with arrival in Melbourne anticipated in the second week of December 2011. Delivery of the goods was admitted by the defendants. There was no issue concerning the identification of the goods, price and the amount invoiced. 3 Save for two payments of USD3000 each, made on 8 and 14 December 2011, Cool World Australia did not pay for the goods. On 14 March 2012, Cool World Australia was placed in liquidation. 4 The substantive defence alleged by the defendants involved negotiations between Samil Power, Solar 360 Pty Ltd and Cool World Australia for the formation of a joint venture to be conducted through a new entity, eventually incorporated known as Cool World International Pty Ltd. Negotiations for the joint venture commenced at around the same time as the initial orders were placed with Samil Power, and continued until early December 2011, when they collapsed. 5 The defendants alleged that a Memorandum of Understanding, dated 4 October 2011, had been prepared and signed on behalf of Samil Power, that Cool World International had been incorporated, and that some customers of Cool World Australia had agreed that Cool World International would take over the supply of products from Cool World Australia. They alleged that at and following a dinner held at Silks Restaurant, Crown Casino, on 4 December 2011, attended by representatives of Samil Power, Solar 360 and Cool World Australia, Samil Power represented that the joint venture would proceed, and that it would execute the joint venture documents produced at the dinner. The documents were executed on that evening by all parties except for Samil Power, who refused. 6 The defendants counterclaimed for damages on the basis that the represe

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    Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013) Last Updated: 30 September 2013 IN THE SUPREME COURT OF VICTORIA Not Restricted AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT S CI 2012 03307 SAMIL POWER COMPANY LIMITED Plaintiff v PETER SCHNEIDER & ORS Defendants --- JUDGE: JUDD J WHERE HELD: Melbourne DATE OF HEARING: 8–9 July 2013 DATE OF JUDGMENT: 1 August 2013 CASE MAY BE CITED AS: Samil Power Company Limited v Luckow & Ors MEDIUM NEUTRAL CITATION: [2013] VSC 382 --- CONTRACT – Guarantee – Non est factum. --- APPEARANCES: Counsel Solicitors For the Plaintiff Mr S W Stuckey Zervos Lawyers Mr M Luckow appeared in person HIS HONOUR: Introduction 1 This proceeding was commenced on 8 June 2012 when Samil Power Company, incorporated in the People’s Republic of China, filed a writ and statement of claim seeking payment under a guarantee in the sum of USD2 251 060.25. The guarantee was alleged to have been executed on 12 December 2011 in Melbourne, to secure past and future debts of Cool World Australia Pty Ltd. The defendants were Peter Schneider, John Williamson and Michael Luckow. There was a fourth guarantor, Trevor Shane McTaggart , who had been declared bankrupt two days after executing the guarantee. By their joint defence and counterclaim, each defendant admitted their directorship of Cool World Australia, and that they had signed the guarantee, although they contended that it was in favour of Samil China Co Ltd, not the plaintiff, Samil Power. 2 The guarantors guaranteed payment to Samil Power for amounts due under four invoices following the supply of solar energy equipment and services from China. The goods and services had been ordered by and delivered to Cool World Australia. One shipment had been despatched from Shanghai on 22 August 2011, and arrived about a month later. The total value of that shipment was USD795 120. The terms of trade required Cool World Australia to pay for the goods within 70 days of shipment, which meant that payment was due in early November. The balance of the goods were ordered on 3, 4 and 15 November, with arrival in Melbourne anticipated in the second week of December 2011. Delivery of the goods was admitted by the defendants. There was no issue concerning the identification of the goods, price and the amount invoiced. 3 Save for two payments of USD3000 each, made on 8 and 14 December 2011, Cool World Australia did not pay for the goods. On 14 March 2012, Cool World Australia was placed in liquidation. 4 The substantive defence alleged by the defendants involved negotiations between Samil Power, Solar 360 Pty Ltd and Cool World Australia for the formation of a joint venture to be conducted through a new entity, eventually incorporated known as Cool World International Pty Ltd. Negotiations for the joint venture commenced at around the same time as the initial orders were placed with Samil Power, and continued until early December 2011, when they collapsed. 5 The defendants alleged that a Memorandum of Understanding, dated 4 October 2011, had been prepared and signed on behalf of Samil Power, that Cool World International had been incorporated, and that some customers of Cool World Australia had agreed that Cool World International would take over the supply of products from Cool World Australia. They alleged that at and following a dinner held at Silks Restaurant, Crown Casino, on 4 December 2011, attended by representatives of Samil Power, Solar 360 and Cool World Australia, Samil Power represented that the joint venture would proceed, and that it would execute the joint venture documents produced at the dinner. The documents were executed on that evening by all parties except for Samil Power, who refused. 6 The defendants counterclaimed for damages on the basis that the represe

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    © All Rights Reserved
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    230 Ansichten1 Seite

    The Samil Power Company Case.

    Hochgeladen von

    Inspector McTaggart's Crime Series
    Samil Power Company Limited v Schneider & Ors [2013] VSC 382 (1 August 2013) Last Updated: 30 September 2013 IN THE SUPREME COURT OF VICTORIA Not Restricted AT MELBOURNE COMMERCIAL AND EQUITY DIVISION COMMERCIAL COURT S CI 2012 03307 SAMIL POWER COMPANY LIMITED Plaintiff v PETER SCHNEIDER & ORS Defendants --- JUDGE: JUDD J WHERE HELD: Melbourne DATE OF HEARING: 8–9 July 2013 DATE OF JUDGMENT: 1 August 2013 CASE MAY BE CITED AS: Samil Power Company Limited v Luckow & Ors MEDIUM NEUTRAL CITATION: [2013] VSC 382 --- CONTRACT – Guarantee – Non est factum. --- APPEARANCES: Counsel Solicitors For the Plaintiff Mr S W Stuckey Zervos Lawyers Mr M Luckow appeared in person HIS HONOUR: Introduction 1 This proceeding was commenced on 8 June 2012 when Samil Power Company, incorporated in the People’s Republic of China, filed a writ and statement of claim seeking payment under a guarantee in the sum of USD2 251 060.25. The guarantee was alleged to have been executed on 12 December 2011 in Melbourne, to secure past and future debts of Cool World Australia Pty Ltd. The defendants were Peter Schneider, John Williamson and Michael Luckow. There was a fourth guarantor, Trevor Shane McTaggart , who had been declared bankrupt two days after executing the guarantee. By their joint defence and counterclaim, each defendant admitted their directorship of Cool World Australia, and that they had signed the guarantee, although they contended that it was in favour of Samil China Co Ltd, not the plaintiff, Samil Power. 2 The guarantors guaranteed payment to Samil Power for amounts due under four invoices following the supply of solar energy equipment and services from China. The goods and services had been ordered by and delivered to Cool World Australia. One shipment had been despatched from Shanghai on 22 August 2011, and arrived about a month later. The total value of that shipment was USD795 120. The terms of trade required Cool World Australia to pay for the goods within 70 days of shipment, which meant that payment was due in early November. The balance of the goods were ordered on 3, 4 and 15 November, with arrival in Melbourne anticipated in the second week of December 2011. Delivery of the goods was admitted by the defendants. There was no issue concerning the identification of the goods, price and the amount invoiced. 3 Save for two payments of USD3000 each, made on 8 and 14 December 2011, Cool World Australia did not pay for the goods. On 14 March 2012, Cool World Australia was placed in liquidation. 4 The substantive defence alleged by the defendants involved negotiations between Samil Power, Solar 360 Pty Ltd and Cool World Australia for the formation of a joint venture to be conducted through a new entity, eventually incorporated known as Cool World International Pty Ltd. Negotiations for the joint venture commenced at around the same time as the initial orders were placed with Samil Power, and continued until early December 2011, when they collapsed. 5 The defendants alleged that a Memorandum of Understanding, dated 4 October 2011, had been prepared and signed on behalf of Samil Power, that Cool World International had been incorporated, and that some customers of Cool World Australia had agreed that Cool World International would take over the supply of products from Cool World Australia. They alleged that at and following a dinner held at Silks Restaurant, Crown Casino, on 4 December 2011, attended by representatives of Samil Power, Solar 360 and Cool World Australia, Samil Power represented that the joint venture would proceed, and that it would execute the joint venture documents produced at the dinner. The documents were executed on that evening by all parties except for Samil Power, who refused. 6 The defendants counterclaimed for damages on the basis that the represe

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    | Pp, INSTITUTE OF PUBLIC” A ACCOUNTANTS, Our reference: 33/14 24 August 2015 Private and Confidential Mr Robert Johnson ‘Supportive Residents & Carers Action Group Inc PO Box 3234 RIPPONLEA VIC 3185 Dear Mr Johnson Notice of Determination: Disciplinary Tribunal Findings We tefer to your complaint lodged with the Institute of Public Accountants (“IPA” or “institute") on 16 September 2014 in relation to member Mr Trevor McTaggart. In summary, you raised concerns that Mr McTaggart: ‘+ Financially abused his client and gave inappropriate tax advice. + Wrote unprofessional and inflammatory letters. ‘+ Providing legal litigation advice contrary to Law Society rules. ‘The complaint was referred to the IPA Disciplinary Tribunal (‘Tribunal’) on 5 June 2015 to consider whether the member had a case to answer for breaching the IPA’s Constitution, By-Laws or Pronouncements. ‘The members of the Tribunal are appointed directly by the IPA Board and are thus independent of the management ofthe Institute. The information provided to the Tribunal in their consideration of the matter included your complaint and all relevant correspondence from yourself and the member in relation to the complaint. The Tribunal determined that the case was proven in that the member acted unprofessionally in correspondence with another, made allegations that were unfounded. and is guilty of conduct which is not in the best interests of the IPA. The Tribunal resolved that the member is censured and required to pay a fine of $850.00. The IPA is committed to reinforcing the high standards of professional and ethical behaviour expected of our members. We thank you for bringing this matter to our attention. Ifyou have any queries in relation to this letter, please contact the Investigations Officer, Lan To, by email at complianceadvisor@publicaccountants.org.au or by telephone on 03 8665 3143, Yours sincerely Lan To Investigations Officer Hood Office sme VIC 3001 Australia ‘ABN'21 004 130.643,

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