Mr. Ryan Brown Barrister instructed by his client Ghulam Akbar Khan to forward undertaking to NCAT that Fobupu PTY Ltd is a trustee of Trust Khan family trust No2. And NCAT Senior Member Goldstein accepted that undertaking without any evidence that there is a trustee and trust relationship between two entities.
- Fobupu Pty Ltd owns land which is subject of the dispute and received million of dollars without issuing any tax invoice of rental payments.
- Between 2006 and 2017 there was no mention of Fobupu Pty Ltd as a trustee of any trust between the parties.
- Fobupu Pty Ltd has no ABN.
- Trust is not a party to the proceedings in NCAT.
- There are no records on the land registry that slightly indicates that Fobupu Pty Ltd is a Trustee.
- There was no such affidavit evidence ever provided to this effect that Fobupu Pty Ltd is a trustee of any Trust.
- Trust is an entity for tax administration purposes as per ATO.
- Conveyancing act also has provisions in relation to declaration of trusts.
- NCAT has no affidavit from officer of court to say that Fobupu Pty Ltd is a trustee of Khan Family Trust No 2.
Officer of Court
During mediation in NCAT on 18 July 2019, Mr. Ryan Brown informed the tenant that he sighted the trust deed and as an officer of court he is satisfied that Fobupu Pty Ltd is a trustee of Khan Family Trust No 2. He is prepared to show it to me on his phone as a part of the settlement process.
As officers of the Court, solicitors must not only obey the law, they also have to ensure the efficient and proper administration of justice. But I don’t understand how Mr. Ryan Brown and Mr. Anthony Dicembre withholding that evidence from court fulfilling their obligations as an officer of the court?
In normal circumstances, courts decide on the evidence presented by parties and submission made by parties on evidence presented. However, in this unique case evidence is withheld by Mr. Ryan Brown who is an officer of court and court appears to be helpless due to the relationship of Ghulam Akbar Khan’s Family with Attorney General of NSW Mark Speakman.
The victim is the administration of justice when lawyers and barristers decide on their own evidence.