NSW Landlord "Sells" $xx0,000 Cars, Furniture, Silverware, Rare Obsolete Car Parts

Discussion in 'Criminal Law Forum' started by kitdoctor, 22 April 2018.

  1. kitdoctor

    kitdoctor Member

    Joined:
    21 April 2018
    Messages:
    3
    Likes Received:
    0
    I have a friend who is in the most terrible situation. He is elderly and has both a physical and mental disability. He has been ruined financially once before, losing a business and his home, forced to live in public housing and now he's the victim of the most vindictive act.

    After losing his earth moving business and home he rented a shed on a rural property west of Sydney. He moved various old classic Ford cars and Bedford trucks he'd collected to the property. He'd also collected obsolete parts for these over 40 years and had a number of semi-trailer vans full of parts. I bought some parts from him on ebay and this is how I got to know him. He was getting back on his feet tinkering on various projects, buying and selling on ebay.

    Over time the relationship with his landlord person J deteriorated, I think over storing all the old cars and trucks on the property. In mid 2016 there was an arson attack. One semi-trailer and at least half a dozen cars and trucks were destroyed. The matter was investigated by the police but no one was charged.

    After the arson attack he decided the best thing to do was to relocate. He decided to see if he could borrow a small amount of money, buy a block of land and build a shed. He could borrow about $150k, then sell items to fund building a small shed. In September 2016 he settled on a block of land.

    The relationship with the landlord obviously got worse over time. The landlord wanted him off the property despite the lease. For probably more than a year now he's been locked out of the property.

    Fast forward to about six weeks ago. My friend goes to do his usual monthly drive past check of his property to find that just about everything is gone. All that's left is a bus that was too big to cart away and not much else. 30 cars, trucks, semi-trailer vans, furniture, bob-cat, rare silverware, tools, personal effects all gone. In dollar value well in excess of $x000,000.

    Within a week after making various phone calls he tracks down person C who is involved in some way. Person C owns a wrecking business and lots of property in the district. In fact, my friend knows person C having purchased car parts from him. My friend takes a friend D and the police to C's property. D also had a car and other items go missing. At C's property they find some of the missing cars and trucks. Property stored in the trucks is gone. C claims he purchased what he has legitimately. He tells one story that J had just purchased the rural property and wanted to get rid of the abandoned property left behind by the tenant (my friend). He tells another story that he saw legal papers that J had. These he said indicated that J had been given ownership of the property following a ruling by a court/tribunal. Eventually C orders everyone off the property saying they are trespassing.

    There is also another person G and someone else U that is involved in removing all the property. My friend telephoned C to try and see if they could resolve the matter. This is when C told him that person G was also involved. My friend worked out who G was by asking around what company's tow trucks were involved. My friend telephoned G. G told him to get stuffed. In all his dealings my friend has been polite and non-threatening because doing otherwise would get him no where. The matter is being investigated by the police and that's how my friend found out about person U. The police are indicating that person U bought the property legitimately. It's unclear exactly how the property has been divided between C, G and U. The semi-trailers full of parts are missing. C has given a statement to the police as has U I think. J is not returning the police's phone calls and G refuses to go to the police station to give a statement. The police won't search any properties where the missing property might be, claiming privacy and possibly be sued if found to be wrong as concerns. In all of the above who bought what from whom is not exactly known by my friend or me.

    It seems that the police's focus is the criminal aspect of the incident which is fair enough. The won't give my friend specific information because they believe he will interfere. My friend doesn't care about laying charges, he just wants his property returned. Last week my friend finally went to NCAT over the dispute with the landlord. My friend is also seeing legal aid this week I think about the theft (?) of the property.
    Can anyone offer any suggestions, guidance or help?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    4,939
    Likes Received:
    700
    Looks like you/he are doing what needs to be done.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Rob Legat - SBPL

    LawTap Verified Lawyer

    Joined:
    16 February 2017
    Messages:
    1,176
    Likes Received:
    230
    You may find that given the amount you've indicated in involved, NCAT is not sufficient to deliver a suitable outcome. Since it's civil, the action is likely to be after return of the goods or compensation where not possible. It's the compensation that will trip you up. For example, in tenancy matters the limit is $15,000.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. kitdoctor

    kitdoctor Member

    Joined:
    21 April 2018
    Messages:
    3
    Likes Received:
    0
    Thanks for responding. Yes the $15k limit with NCAT has been raised. Last week the landlord was rebuked by the NCAT representative.

    It just seems so frustrating that he will likely never see his property again. That's what really dear to him. He has saved it from other situations like losing his business and divorce. Then the arson attack but he didn't lose it all. It's clear who did that although it cannot be proved. Now this.
     
  5. kitdoctor

    kitdoctor Member

    Joined:
    21 April 2018
    Messages:
    3
    Likes Received:
    0
    I have really lost faith in the NSW Police force. My friend who is the victim received a letter dated yesterday and this is only real content it contains:

    "Your fraud complaint has been assessed based on available information and is now closed for the following reason/s:

    Your matter is deemed as civil and you will need to enter negotiations with the other/s involved."

    He doesn't understand how the investigation process could lead to such an outcome. My friend is devastated, who wouldn't be. The investigation was taking some time but I convinced my friend to remain optimistic. I showed him this story about a stolen car that was sold Buyer of stolen Lamborghini Espada makes court claim for ownership That's right just one car and justice was done. Even a private lawyer that was assisting my friend with the tenancy dispute is bewildered by the outcome.

    My estimate is that NSW Police collected two statements from the victims, one from my friend and his friend D. I contacted NSW Police as I also had property taken. The investigating officer said they'd make arrangements for me to give a statement at my local police station. I provided that station's details. The investigating officer never got back to me. Of the persons alleged to have been involved NSW Police obtained statements from the landlord J, the wrecker/junk collector C who was found to be in possession of some property in the first week and a person T who leased a house also from J that is located within sight of the property my friend leased. It's unclear whether G or U actually provided statements. G certainly refused NSW Police access to his property where he operates his wrecking business. So I will say I think no physical searches were carried out. I don't know the extent of NSW Police's investigation into whether C, G or U paid anything for the property they received, let alone whether it was fair market value. Maybe U and G "paid" inkind by simply hauling it away. The details are very vague, NSW Police don't seem to provide specifics to my friend nor keep him regularly updated.

    Sinking to a new low the wrecker/junk collector C made the offer via NSW Police of returning one classic car but my friend had to make arrangements to collect it. The NSW Police investigating officer made arrangements to be present but didn't turn up. My friend arrived to collect the car. It had no wheels and tyres. The interior trim was gone. The floor had been cut out. Of course as expected the rare new old stock car parts stored in that one car had been removed.

    I have a few questions. Surely NSW Police are required to provide my friend with a more detailed response explaining why they can't lay criminal charges? Can the decision by NSW Police be asked to be reviewed? If there is a review/appeal process where can I find out about it? I have looked on the NSW Police web site and just can't find anything.

    Can my friend recover what's left at the property he leased, given no charges have been laid and the NSW Police are not proceeding? I guess he's got little chance of doing this in any way except to go to court to deal with both the fraud issue and trying to recover what's left. The landlord is unlikely to respond to any letter of demand or participate in mediation.

    If my friend is only left with the option of pursing a civil matter what information is he/his legal team entitled to receive from the NSW Police that was collected during the investigation? Is this information obtained by making a GIPAA request? I had a skim through the form and the applicant has to obtain the permission of person/s who are the subject of the request. So, say my friend want copies of the statements made by J, C, T, G and U. How can he do this? He doesn't know who U is and the others will simply not grant permission.

    Thanks
    kitdoctor
     
Loading...

Share This Page

Loading...
gt;