Wednesday, November 11, 2009

Cardiff Coal Company Land was sold by Company interlopers

Dear Minister,

I would be pleased if you would read this document because it is important that your Government shake itself free from the taint of inappropriate land dealing.

It is an outrage that justice had not been done in this particular matter and there is a lesson to be learned regarding the need for transparency and openness generally in land and zoning matters.

I would be pleased to discuss this matter with you or any Member of Parliament without prejudice and in the interests of good governance and judicial fairness.

Yours faithfully
Doug Lithgow


The Hon Ms Jodi Mckay MP
Member for Newcastle Minister for Tourism
Minister for the Hunter and Minister for Science & Medical Research

Dear Minister for the Hunter,

Company fraud and 20 year delay for justice.

Important dates and actions from evidence & research: Lunn V Savage Supreme Court NSW- Equity Division -. 3047/89.

Magna Carta, clause 40
"To no one will we sell, to no one will we refuse or delay, right or justice” 1215.

I write to you as my Member of Parliament and request that you help your colleague Mr Robert Coombs MP, of Swansea place information before your cabinet colleague the Hon. John Hatzistergos, MLC Attorney General and Vice President of the Executive Council.

I laid information with the police in about 1995 regarding this matter and I was shocked when I recently heard that the Lunn Family were still seeking a remedy to the wrongs that had been done to them by the misuse of the Cardiff Coal Company.

After twenty years it is high time that this matter was properly settled, the Lunns compensated and that those people responsible for making false declarations brought to justice.

The Lunn family had won their actions in the Supreme Court even though the litigation was allowed to stretch out over ten years. They received a favourable principal judgment in April 1997 with wide ranging orders being handed down. These were tested in the NSW appeal courts and later by the High Court of Australia.

I specifically ask that you request the Hon Attorney General to use his fiat to direct that those people concerned with Company Law investigate and prosecute those responsible for the false declarations that have caused all the trouble in this matter since the early seventies.

I know about the activities of the Cardiff Coal Company because the Parks and Playgrounds Movement together with the Lake Macquarie Shire Council in 1957 had a proposal for parkland on the shores of Lake Macquarie. The proposal affected land Portions, 35A and 36A which were registered in the title of the Cardiff Coal Company. The Movement supported the Shire in evidence to the Ministerial Inquiry into the County Plan 1957.

A colliery named Belmont Colliery P/L had been operating a coal mine from a small Mineral Lease area on Por. 35A of the Cardiff Coal Company land from 1938 and the park proposal was not progressed partly because of the difficulty of locating people connected with the Cardiff Coal Company. Consideration of the park was not expected until after underground mining had ceased beneath the property.

In 1984 a large development proposal was announced by a person who was reported to be the owner of the land. A planning study was requested of the proponent by the Lake Macquarie Council and there was considerable public discussion about the land and the proposed park over many years. The proponent was protected at all time by the corporate veil.

About 1990 a development company announced its intention of buying the land for development. Prior to this in 1989 the Lunn family who were shareholders in the Cardiff Coal Company had started proceeding in the Supreme Court because the persons claiming control of the Cardiff Coal Company had relied on shareholding transferred to them through bogus share transactions. The Lunns sought an injunction to prevent the sale of the land to the development company but were unable to obtain the necessary order. However Justice Bryson handing down his judgment stated that there was a prime a facie case of forgery in respect of share transfers and that if those operating the Company had no warrant for what they are doing they may be liable to the Company and others for damages.

The Lunn family continued their action even though the land which was the principal asset of the Cardiff Coal Company was sold to a Development Company, McCloys Pty Limited

Ultimately Lake Macquarie Council purchased for about 3 million dollars part of the land for the proposed foreshore reserve and initiated the rezoning of the remainder for residential development in an agreement with the Development Company.

The Lunn family continued with their action and have had Judgments in their favour restoring their name to the share register, appointing a receiver to the company and ordering that accounts be made back to 1973. The defendant’s appeals were dismissed.

From the court hearings and judgments it seems that:

  1. Interlopers may have been operating the Cardiff Coal Company.
  2. Minutes had been written for meetings that were not held,
  3. A bona-fide Board of the company had not held a meeting since about 1910,
  4. Interlopers moved assets of Cardiff Coal Coy to their family company.
  5. Share transfers had not been validly made,
  6. The Cardiff Coal Coy had not keep books between 1973 and 1992.
  7. The interlopers had not protected the interests of the company.
  8. A typed Deed of Settlement to replace the original was adopted in 1916 at a bogus meeting.
  9. The Deed had been typed with a typeface that had not been invented in 1916,
  10. A “Cardiff Coal Company Pty Ltd” had been registered about 1976,
  11. A trade name “Cardiff Coal Company” was registered about the same time.
  12. A letterhead bearing the name Cardiff Coal Company was printed,
  13. The Cardiff Coal Company was claimed to have been recommenced in 1976 but the General Meeting of Shareholders required was never called.
  14. Conflicting affidavits were tendered to the court by certain persons.

I know from searches I have made at the Land Titles Office of NSW and by Freedom of information from the Hunter Water Board in relation to the 1948 water Tower erected in Crown Street Belmont and the Croudace Bay Road reservation in 1934 that the registered owner, the Cardiff Coal Company, could not be discovered and that the Belmont Colliery P/L had no title to the land. Both 1934 and 1948 parcels of land had to be resumed by the State Government.

A detailed Chronology of events up to recent court appearances is attached. Documents relating to each step indicated should still be available on the public record. I trust that the above summary of events relating to the Cardiff Coal Company is sufficient to convey the gravity and unexplained delay of justice in this matter.

It is exactly 17 years since interlopers sold the property and it is time that Justice was done and seen to be done. Furthermore there is a lesson to be learned regarding the need for transparency and openness generally in dealing with land and zoning matters. Please ask the NSW Attorney General to use his fiat in this matter.

Yours faithfully
Doug Lithgow



Important dates and actions from evidence & research: Lunn V Savage Supreme Court NSW- Equity Division -. 3047/89.

Interlopers sold the Cardiff Coal Company land 35A & 36A at Lake Macquarie without warrant to a development Company McCloys P/L on 11/11/1992

Cardiff Coal Company Incorporation Act of NSW Parliament assented to 1863. (Deed of Settlement)

15 April 1910 ,19 April 1916, 22 August 1916, 5 October 1916, 22 November 1916, Were bogus Cardiff Coal Company meetings.1910 to 1938 –Minutes contained forged signatures and meetings that were not recorded in Wigram Allen (Company Secretary) diaries.

New Deed of Settlement bogusly adopted 1916. The Deed was typed on an English Imperial Typewriter manufactured between 1930 & 1967: (Tytell expert witness) Typeface used was not available in 1916.

5 April 1917 & 6 April 1938 Cardiff Coal Coy meetings are bogus entries in minute book.

5/4/1917 bogus date of transfer of Lunn & other shares to Blackwood.

17/12/1919 Caveat entered on title L. Blackwood, / V. Geary 13/1/1920 & J. Fletcher 24/8/1923.

2/2/1934 notified Gov. Gazette. Resumption part Por.35A CCC land for road purposes Lake M Shire.

7/4/1937 incorporation of the Belmont Colliery P/L. (Coy. obtains mining lease on Cardiff CC land)

10/5/1938 bogus transfer Blackwood shares to Belmont Colliery P/L - Stamp Duty paid in decimal currency on Transfer document. (Decimal currency was not introduced into Australia until 1966)

17/9/1948 Gov. Gaz: Part Por. 35A resumed by HDWB for water tower–Cardiff Coal Coy not found.

29/11/1971, 24/4/72, 22/5/1972, 27/11/1972, 12/2/1973 24/2/1975. Dates of Yacht Club Meetings where discussion of Cardiff Coal Co land was mentioned. - Copy of relevant Minutes available

22/12/1972 Belmont Colliery Propriety Ltd. shares acquired by Mr. Savage

17/2/1975 a company named Cardiff Coal Company Pty Ltd incorporated.

29/7/1975 a “Cardiff Coal Company” Business Name was registered.

31/7/1975 Cardiff Coal Co. Pty Ltd name was changed to Caralco Pty Ltd.

9/6/1975, 22/12/1975 22/3/1976, 10/6/1976, 23/6/1976, 23/2/77, 28/2/1977 (Yacht Club (Minutes)

17/5/1976 Mr Savage collects Cardiff Coal Company Records from office of Allen, Allen & Hemsley.

23/2/1977 Cardiff Coal Co. ‘reactivated’ by members of Savage family. L. Savage made Chairman.

25/2/1977 Application for new Certificate of Title Statutory Declaration by LH Savage Director.

1/6/1979 Real Property (Possessory Titles) Amendment Act 1979 proclaimed.

15/5/1980 Savage buys 25 Cardiff Coal shares from Harris Wheeler Williams, (T. Fenwick Estate)

13/11/81 Caveats lifted from Title on Request of LH Savage Director & JW McGregor Secretary under a seal of Cardiff Coal Company with Statutory Declarations of LH Savage & PJ Anicich.

Nov. 1982 Mr. Savage began writing to Lloyd family saying he was researching family tree. He obtained 50 Lloyd’s shares 1982). (Copies of letters are available)

3/11/1984 ‘Proposed $100 million development at Lake Macquarie’ Newcastle Herald (Cardiff Coal land).

10/11/1992 Injunction hearings to stop sale of land, See judgment Justice Bryson. (Pgs.5, 9 &10)

11/11/1992 Date when Company Interlopers sell Cardiff Coal Co. land to McCloys Pty Ltd.

14/10/1994 Interim Judgment Lunn V Savage case Finding: Forgeries proved.

10/11/1994 funds were withdrawn from Cardiff Coal Company. (Detail in Receivers Report)

11/11/1994 Date Court put a hold on withdrawal of Cardiff Coal Co funds

12/6/1996 Police charge Mr Savage with Perversion of the Course of Justice: dismissed on technical grounds.

6/9/1996 Judgment Lunn V Savage case Orders made: Shares restored, Receiver appointed, Account of dealings with property of Cardiff Coal Company to be made.

15/4/97 Receiver’s Report submitted to the Court

24/4/97 Judgment Hulme J: Part 1 & 2 Belmont Colliery never owned shares in Cardiff All transfers were forged Orders Part 1 &2 All documents be produced to Mr A Lewis Receiver.

9/3/1998 Judgment 1st Appeal CA40564/96 Dismissed

10/11/1998 Judgement 2nd Appeal CA 40564/96 Dismissed

18/6/99 Application for leave to appeal by defendants to High Court Australia Dismissed

25/10/02 Application to wind up the Cardiff Coal Company published Company Notices SMH

20/12/02 Lunn V Cardiff Coal Coy (5095/02)- Judgment Barrett J - Application Refused on technicality that NSW Law did not now recognise Cardiff Coal Company as a company.

29/8/03 Cardiff Coal Company Application to Wind up granted and liquidator appointed.

21/3/04 Supreme Court NSW No.04068 Cardiff Coal Coy in Liquidation V Sparke Helmore.

4/4/06 Supreme Court NSW No 3047/89 Order discharging the Receiver.

16/6/2009: The Cardiff Coal Company matter is still unresolved because the assets have been disposed of and income disbursed by interlopers. Liquidator & lawyers use last available funds. All Funds syphoned off between 1975/1992 have not been recovered.

For the pdf version click here:

No comments: