Edmund Dantes
Apr 15, 2009, 05:10 AM
Hi. My real name is Emmanuel Montes. You can call me "Emu".
I've been slapped with a fraudulent AVO, designed to conceal a material conflict of interest which existed within the executive structure of a public company of which I was a member.
Threats that I made were threats to go public, which I did, but were misrepresented at the hearing as grounds for reasonable fear.
The material interest in question concerned a husband and wife team; he was a director of the public company and she its secretary manager. Together, and with the tacit approval of the president, they planned to enrich themselves at the expense of company supply orders, using the husbands firm which employed him on a commission basis, and which scheme I exposed. To silence me, the secretary manager asked police to have me removed from the premises, which failed. They then had my membership of the company cancelled. Finally they resorted to an application for an AVO.
At the Application, both members were represented as the protected persons, by their uncle, who is a lawyer, and also the company lawyer. The conflic of interest had become a web of interest.
At the actual hearing, both the uncle and the husband dropped out of the claim, leaving the wife only to face the music. She was represented by an associate of the same firm that employed the uncle. She was made to appear as a female who was being harassed by a disgruntled individual. Their tactic concentrated on attack of my character, and the hearing was conducted on the basis of my denials of spurious claims, rather than points of fact. Since I had no legal representation of my own because I couldn't afford it, I got done like a turkey.
Costs were awarded against me.
I then lodged a notice of appeal but was advised to withdraw it on the basis of the legal counsel received to the effect that even frivolous AVOs are sacrosanct in the State of NSW and that such a course would only add to the legal costs already incurred.
I have now defaulted on the money claim, as a judgement debtor. The Sheriff is baying at my door. I understand that a judgement debt creates a "lien" to the debtor's property which cannot be extinguished by the act of filing for bankruptcy. My present situation, however, regardless of my objective feelings about the claim, prevent me from meeting this demand. Have you any advice, other than to hand over my chattels to the sheriff of Nottingham?
Or than to comply to a judgement order based on a miscarriage of justice which I have been advised not to appeal?
I would most sincerely welcome such a pearl of wisdom, if it exists.
Yours sincerely
Edmund Dantes.
I've been slapped with a fraudulent AVO, designed to conceal a material conflict of interest which existed within the executive structure of a public company of which I was a member.
Threats that I made were threats to go public, which I did, but were misrepresented at the hearing as grounds for reasonable fear.
The material interest in question concerned a husband and wife team; he was a director of the public company and she its secretary manager. Together, and with the tacit approval of the president, they planned to enrich themselves at the expense of company supply orders, using the husbands firm which employed him on a commission basis, and which scheme I exposed. To silence me, the secretary manager asked police to have me removed from the premises, which failed. They then had my membership of the company cancelled. Finally they resorted to an application for an AVO.
At the Application, both members were represented as the protected persons, by their uncle, who is a lawyer, and also the company lawyer. The conflic of interest had become a web of interest.
At the actual hearing, both the uncle and the husband dropped out of the claim, leaving the wife only to face the music. She was represented by an associate of the same firm that employed the uncle. She was made to appear as a female who was being harassed by a disgruntled individual. Their tactic concentrated on attack of my character, and the hearing was conducted on the basis of my denials of spurious claims, rather than points of fact. Since I had no legal representation of my own because I couldn't afford it, I got done like a turkey.
Costs were awarded against me.
I then lodged a notice of appeal but was advised to withdraw it on the basis of the legal counsel received to the effect that even frivolous AVOs are sacrosanct in the State of NSW and that such a course would only add to the legal costs already incurred.
I have now defaulted on the money claim, as a judgement debtor. The Sheriff is baying at my door. I understand that a judgement debt creates a "lien" to the debtor's property which cannot be extinguished by the act of filing for bankruptcy. My present situation, however, regardless of my objective feelings about the claim, prevent me from meeting this demand. Have you any advice, other than to hand over my chattels to the sheriff of Nottingham?
Or than to comply to a judgement order based on a miscarriage of justice which I have been advised not to appeal?
I would most sincerely welcome such a pearl of wisdom, if it exists.
Yours sincerely
Edmund Dantes.