❓ Dr. Constable questions the costs to the state of Supreme Court proceedings initiated by Mr. Conlan regarding Grubb Finance and Oakleigh Acquisitions, seeking details on legal expenses and outcomes. The answer provides some cost breakdowns and outcome information, but lacks complete transparency due to record-keeping limitations and departmental responsibilities.
AnsweredQoN 1324Legislative Assembly
QuestionView source ↗
(1) What has been the total cost to date to the State of the Supreme Court civil proceedings 2076 of 1999 initiated by Mr Mark Conlan, supervisor and liquidator of Grubb Finance Broker (Rowena Nominees) and Oakleigh Acquisitions, in an attempt to challenge indefeasibility of title under the Torrens System?
(2) When did these proceedings commence?
(3) What costs have been incurred related to these proceedings for -
(a) Ministry of Fair Trading solicitors’ costs for Mr Conlan;
(b) Jackson McDonald Solicitors’ costs for Mr Conlan;
(c) Mr Michael Hawkins costs as counsel for Mr Conlan; and
(d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(4) What has been the outcome of these legal actions to date?
(5) With reference to civil action 1010 of 2000 in the Supreme Court, what, if any have been the costs to the taxpayers of Western Australia?
(2) When did these proceedings commence?
(3) What costs have been incurred related to these proceedings for -
(a) Ministry of Fair Trading solicitors’ costs for Mr Conlan;
(b) Jackson McDonald Solicitors’ costs for Mr Conlan;
(c) Mr Michael Hawkins costs as counsel for Mr Conlan; and
(d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(4) What has been the outcome of these legal actions to date?
(5) With reference to civil action 1010 of 2000 in the Supreme Court, what, if any have been the costs to the taxpayers of Western Australia?
AnswerView source ↗
Answered
12 March 2002
Responded by
Minister for Consumer and Employment Protection
Response time
97 days
(b) Jackson McDonald Solicitors’ costs for Mr Conlan; (c) Mr Michael Hawkins costs as counsel for Mr Conlan; and (d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(c) Mr Michael Hawkins costs as counsel for Mr Conlan; and (d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(2) September 1999 (3) (a) I am advised that from July 1999 until June 2000 a Ministry Legal Officer was assigned to support the Supervisors of both Grubb Finance and Global Finance. In this capacity the Legal Officer performed a large number of tasks in relation to activities undertaken by both Supervisors. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2076 of 1999. (b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(3) (a) I am advised that from July 1999 until June 2000 a Ministry Legal Officer was assigned to support the Supervisors of both Grubb Finance and Global Finance. In this capacity the Legal Officer performed a large number of tasks in relation to activities undertaken by both Supervisors. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2076 of 1999. (b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(c) Mr Michael Hawkins costs as counsel for Mr Conlan; and (d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(d) solicitors costs for representing the first Respondent, The Registrar of Titles?
(2) September 1999 (3) (a) I am advised that from July 1999 until June 2000 a Ministry Legal Officer was assigned to support the Supervisors of both Grubb Finance and Global Finance. In this capacity the Legal Officer performed a large number of tasks in relation to activities undertaken by both Supervisors. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2076 of 1999. (b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(3) (a) I am advised that from July 1999 until June 2000 a Ministry Legal Officer was assigned to support the Supervisors of both Grubb Finance and Global Finance. In this capacity the Legal Officer performed a large number of tasks in relation to activities undertaken by both Supervisors. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2076 of 1999. (b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(b) $51,388 (c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(c) $20,934. These costs represent legal fees incurred since October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff, including Mr Hawkins to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred by Mr Hawkins over this time solely in relation to CIV 2076 of 1999. (d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(d) It is my understanding that the Registrar of Titles was represented by the Crown Solicitor’s Office. However, as the Registrar of Titles is responsible to the Minister for Planning and Infrastructure, I am unable to comment on any costs that may have been incurred. (4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(4) Justice Owen’s decision of August 2001 provides the foundation for a transparent distribution to investors of the funds realised on the discharge of mortgages brokered by Rowena Nominees Pty Ltd. Since this decision was handed down $7,300,000 has been disbursed to 151 investors. The Supervisor’s staff are currently processing further payments to 62 investors for an additional $931,000. (5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
(5) $47,812. These costs include associated legal costs from October 2000. Prior to October 2000 the (then) Ministry of Fair Trading contracted legal staff to perform a large number of tasks in relation to activities undertaken by the Supervisors to both Grubb Finance and Global Finance. The Department records during that period are not sufficiently detailed to specify the costs that have been incurred solely in relation to CIV 2010 of 1999. These costs do not include costs associated with work performed by employees of the Department of Consumer and Employment Protection or the Probity Auditor. I cannot comment on any costs that may have been incurred by other Government Departments.
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