Found Deceased Australia - Melissa Caddick, 49, Sydney, NSW, 12 Nov 2020 #7

[Trooper]

Just found this - posted by Ms Lilly earlier....
Reposting as relevant to the current discussion...

Melissa , in her life as it was, was legally unable to guarantee tenancy for ' the lifetime of her parents', unless she actually owned the property outright, not owing any of the mortgage, and holding the title free and clear in her name.

Now.. she could have done this. She had enough loose change , millions at her disposal without any oversight at all, and could have, without hesitation made that property safe for the parents and brother.

But no. She did not. Why didn't she ? lots of reasons, a residue of resentfulness, laziness, the actual need she displayed of having to hold all her cash money tight in her own hands, she just didn't think it through, she forgot about it, any of the above and lots more.

But the situation is, she , Melissa, did not hold the title. The tenancy for life thingy has no validity , since it is not in Melissa's control, dead or alive unless she owns it , that this provision can be met . It cannot be met, because the instant Melissa died, her capacity to confer tenancy for life to anyone on anything unless she held title on it is null and void. Kaput. Finito. Done.

 

[Trooper]

I think the parents thought that Melissa did, in fact, actually hold the title to the Edgecliff place.. I know the brother was rudely awakened to the fact after Melissa went missing that the fancy apartment in Aspen was rented by Melissa and not owned by her as he thought, and he thought that because she had told him she left it to him in her will, he thought he was up for it.

Big shock to find out it was rented, ( $ 54,000.00 US a month, if you please ) ...

 

[Estelle]

In May, 2021, a post-mortem examination was completed on the remains of missing Dover Heights fraudster Melissa Caddick but it is uncertain what conclusions have been drawn due to their condition, the Federal Court has heard.

“The post-mortem has been completed however the pathology reports are not available yet and it is unclear at this stage if the pathologist can determine the condition of the remains,” said ASIC investigator Isabella Allen in an affidavit dated May 17, which was tendered in the Federal Court on Tuesday.

Melissa Caddick post-mortem inconclusive, court hears

If the autopsy report is inconclusive, is it still possible for the Coroner to decide whether MC is dead or alive? What happens if he concludes that it is inconclusive? Or does he decide on the basis of probabilities? Probably suicide or murder?

 

[Estelle]

Tenant for Life ends with bankruptcy ....so if the MC is declared bankrupt the G’s have no claim on the Edgecliffe property!

So if, how and when are they going to declare MC bankrupt?

 

[Trooper]

If this coroner finds that she may be alive, it then goes into the category of waiting for 7 years, this is usually the time allowed for someone to surface, some trace of their living existence.

After 7 years, another inquest, and after all avenues are exhausted, electronic tracing, personal tracing, records, etc, death is declared.


Mistakes are made every now and then. I recall the young woman who , having had a blue with her parents, hid in her boyfriends house for nearly 4 years, they both colluding in her disappearance, and a serial killer in Brisbane ( ? I think ) was charged with her murder, .. which finally bought her out into the open.. So these things do happen.

 

[SLouTh]

So if, how and when are they going to declare MC bankrupt?

Yesterday, the Contradictor said the Law of Probate would apply first and then the Law of Bankruptcy.
If MC is found to be deceased .......

 

[Trooper]

So if, how and when are they going to declare MC bankrupt?

I am not sure if she is bankrupt, or Maliver for that matter. They just can't find the money, but they have the properties, Edgecliff, Dover Heights, and another one, unless I have counted it wrongly. The cars have gone back to the dealers, the furniture has been appropriated, etc.

Maliver is insolvent, but that is being processed in this court case, to make it solvent, and a negative entity.

 

[Estelle]

The case has been resumed now.

 

[Estelle]

The case has been resumed now.

Ended now. Costs, expenses and remuneration for Gleeson stood over until judgement.

 

[SLouTh]

The case has been resumed now.

I cant seem to get on.....

 

[Estelle]

I think the parents thought that Melissa did, in fact, actually hold the title to the Edgecliff place.. I know the brother was rudely awakened to the fact after Melissa went missing that the fancy apartment in Aspen was rented by Melissa and not owned by her as he thought, and he thought that because she had told him she left it to him in her will, he thought he was up for it.

Big shock to find out it was rented, ( $ 54,000.00 US a month, if you please ) ...

If that is the case, I don't understand what rights the parents have? Do they have to find the money difference between what they paid (adjusted) and what Edgecliff could be sold for? They claim 37% so would they have to borrow 63%? Who would lend them that amount of money at their age? Will AG help out?

 

[Trooper]

Ended now. Costs, expenses and remuneration for Gleeson stood over until judgement.

And that will be a nice little earner for Gleeson, but by golly, he earned it. It wasn't that long ago that his firm arranged for him to be interviewed for 60 min, and the investors had tantrums about it, Gleeson didn't do it easy. A dreadful job that the court appointed him to do, and done well.

 

[MsLilly]

And that will be a nice little earner for Gleeson, but by golly, he earned it. It wasn't that long ago that his firm arranged for him to be interviewed for 60 min, and the investors had tantrums about it, Gleeson didn't do it easy. A dreadful job that the court appointed him to do, and done well.

Yes he and his team did an excellent job!

 

[SLouTh]

And that will be a nice little earner for Gleeson, but by golly, he earned it. It wasn't that long ago that his firm arranged for him to be interviewed for 60 min, and the investors had tantrums about it, Gleeson didn't do it easy. A dreadful job that the court appointed him to do, and done well.

Agree... and one could argue that possibly ASIC should be paying his $187 K fee rather than the investors???? As he (and his team) has done the actual investigation....

 

[SLouTh]

If that is the case, I don't understand what rights the parents have? Do they have to find the money difference between what they paid (adjusted) and what Edgecliff could be sold for? They claim 37% so would they have to borrow 63%? Who would lend them that amount of money at their age? Will AG help out?

I am wondering if they have to go it alone as a separate party as the Investors would not be happy with them with what has transpired.... making it impossible for them to join the class action ....

And possibly they need to present it in this way to the court??? As an interested stakeholder?

 

[SLouTh]

Melissa Caddick's parents face being evicted from own home after giving their daughter $1million | Daily Mail Online
New article

 

[SLouTh]

Melissa Caddick’s parents ask for her jewellery to be returned | Daily Telegraph
New article ...

The G's have revealed there is jewellery which has been seized to repay investors, that they bought their missing daughter, and want back for sentimental reasons.
The jewelry was purchased in 1983.

The items are in storage along with the rest of Caddick’s expensive jewellery, lavish designer clothing, expensive artwork and her two cars for which she paid cash including her husband’s $450,000 Audi R8 and her $80,000 Mercedes

 

[drsleuth]

Melissa Caddick's parents object to entire estate being sold to repay defrauded investors

Melissa Caddick's parents object to her estate being sold off to repay defrauded investors
By court reporter Jamelle Wells



On Thursday, the barrister representing Ms Caddick's parents Ted and Barbara Grimley, Sera Mirzabegian, said the couple objected to pooling the personal assets of their daughter with those of her company.

She said they had receipts for items such as jewellery they purchased for their daughter, and they would like to keep some items to remember her by.

"What has occurred with this matter is that it has been proceeding on the basis that every item taken from the Dover Heights property last year … seems to be treated as though it can be realised for the purposes of the receivership," Ms Mirzabegian said.

"It is concerning that there will be items caught up in the receivership process, which are not the subject of any trust, in favour of the investors."

 

[SouthAussie]

If that is the case, I don't understand what rights the parents have? Do they have to find the money difference between what they paid (adjusted) and what Edgecliff could be sold for? They claim 37% so would they have to borrow 63%? Who would lend them that amount of money at their age? Will AG help out?

There is something called a Right to Reside. Presumably they are looking to the court to give them this right? Usually it would be the current owner who would give them that right.

I think, in this circumstance, it would mean the property could be sold to another owner, and they could reside in the property until the end of their lives. With the condition that they maintain the property and pay the property bills.

I don't know if this means they would pay rent, but I guess it could be made a condition of a Right to Reside - that way whoever bought the property for investment purposes might be able to offset the mortgage, or negative gear it.

It might be worth it for an investor, especially in that area.
It wouldn't really be any different from buying a property with existing tenants. Except these tenants are for life, or until the end of the term of Right to Reside (it doesn't have to be for life) - unless they breach the terms of the tenancy.

https://www.tbalaw.com.au/wp-content/uploads/2015/10/Life-Interest-and-Right-to-Reside.pdf

 

[drsleuth]

I actually feel for her parents.

They've found out their daughter was a fraud, who used them, their lifelong friends , was raided by AFP, daughter goes missing , her foot washes up on a beach months later & now they have to fight for their home. That's alot for anyone to deal with...........