Wednesday, November 19, 2008

Item 1 from my Discovery Documents


  • Keep in mind that I was executed from management of the Wisteria Lodge on April 17, 2007
  • Please note that their are 4 Sheets to open in this document (left hand bottom corner once document is opened)
  • SHEET 1 = Monthly figure breakdown from period July 1, 2005 to January 24, 2008
  • SHEET 2 = Actual Bank Statement figures from January 17, 2007 to January 24, 2008
  • SHEET 3 = EXTRACT FROM BANK STATEMENT FOR TIME PERIOD
15 MAY, 2007 TO 31 OCTOBER 2007
16 MAY, 2007 TO 30 OCTOBER 2007 -NO PAYMENTS RECEIVED FROM
SEALINK - POSSIBLY MONEY WAS DEPOSITED INTO ANOTHER A/C
  • SHEET 4 = General Ledger from July 1, 2005 to March 31, 2006

CLICK HERE FOR THE DOCUMENT

Dear Gemma

Before you forget because I sure haven't can you please make some time to explain the following - you where in control of the internet banking at all times for the Wisteria Lodge so you should have no problem explaining what I have asked you to explain about 20 times

CLICK HERE FOR THE DOCUMENT

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Also Gemma - please keep in mind that I can lawfully publish Item 20 in my discovery documents - can you remember that email I sent you - you wouldn't reply to me so I sent the email also to the people around you - didn't that work

  • Margaret Minney (Solicitor)
  • Jim Perry (Accountant)
  • Cari Macklin ( Richards Daughter)

If I recall correctly - Rick told me that you come out of your office in a tantrum, crying your eyes out - and then you disappeared for the day - I thought you may remember

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Item 7 from my Discovery Documents for the total benefit of Richard Macklin

I prepared this document one day before Jim Perry, Rick Macklin and Tony Wharton arrived for a meeting. I gave a copy to each party + I have the full meeting recorded.


  1. What are you intending to achieve by appointing another Manager, a Manager that Rick does not know?

  1. Why are you appointing another Manager?

  1. Why are you not setting Rob DeBono up with a bullet-proof, streamlined system as we discussed.

  1. Has any employee or salary earner of Macklin’s Transport enforced your decision on having me removed as Manager?

  1. How will this new appointed Manager benefit the Wisteria Lodge, and most of all how will Rick benefit?

  1. How will this new Manager reduce Rick’s risk of going bankrupt, which in turn will affect Macklin’s Transport?

  1. You say the new Manager is experienced – for the benefit of Rick Macklin, can I see evidence of his experience? Can you ask him to supply Rick with a Police Clearance ?

  1. My staff are loyal, and I dare say if I go most of them will go to, not forgetting their demands – such as Superannuation, which will strain Rick’s cash flow.

  1. Systems take time and time is money – and if I recall – we have no money.

  1. Do you understand the Accommodation Industry? Have you ever worked hands-on in the Industry?

  1. Is it true you have known Gemma for most of your life? Did'nt you go to the same primary school "Our Lady of Queen of Peace" located at Albert Park ( thats at least 40 years ago)

  1. How long have you known Rick Macklin?

  1. How long have you known Rob DeBono?

  1. How long have you known the new appointed Manager?

  1. We all know that Rick has little to no skill when it comes to financial accounting, which is the heartbeat of any business. He relies on other people. Only because his time is taken elsewhere by 35 Semi-Trailers.

  1. Therefore with me, Rob DeBono out of the scene (for what reason I don’t know - I do know but I can't mention at the moment). Rick would now have to rely solely on the advice and actions of yourself being Jim Perrie and Gemma Gordan, who is the CEO of Macklin’s Transport.


  • With this being the facts of Rick’s situation, ‘do you feel this is unfair on Rick’s behalf and would you advise anyone to place themselves in this situation?’ I would understand if Rick was closing the Wisteria Lodge down, but for you to dump me and place your own Manager in place, does not make sense.

  • Why did Gemma and yourself originally guide (set/advise) Rick to set up the Wisteria as a Sole Trader when Macklin’s Pty Ltd was set up as a company?
  • When Sharon Macklin was here, Rick was in a much worse position financially, not to mention his heath (which now has led to diabetes). Rick’s stress levels were huge due to no support or positive direction from the manageress Sharon Macklin.
  • At this point of time, there was no whatsoever systems in place, so why didn’t you step in and appoint a manager for the benefit of Rick and safety of Macklin’s Transport. I arrived on December 27th 2005. I was told by David Bernardi that Rick was three weeks away from being liquidated. We will never know but if I didn’t come into play December 27th 2005 would have Rick been sent to the cleaners?
  • It has been just over three weeks and not only have you made a decision but you told me that you have a manager already organized. Have you explained the advantages and the disadvantages of your actions in full detail to so Rick knows what he’s up for?


To Save the Company

1. Streamline processes for strict cash management

2. Cash flow

3. Line of Credit / off set account

4. Consolidation of three loans

  1. Two from Westpac $3300 per month
  2. One from Bank of Wales #1250 per month

1. By re consolidating these three loan’s Rick will be able to reduce his Current payment by $36,000 per year – equivalent to 3 months rent – “THE WINTER PERIOD”

2. The following page is from Joe – the Hong Kong chef who had to leave the country yesterday due to Immigration deadline. I will have him return A.S.A.P

3. Yesterday I dropped all the necessary papers for Joe(chef) and my Strategy plan for Kangaroo Island to Hon Mike Rann’s office

4. I signed a contract yesterday for the Travel Auctions ad which will be displayed on March 15, 2007 during “A Current Affair”

5. This will be our third ad, since I have been here. Each ad generates an Estimate of 100 bookings with a guaranteed income of $18,000.00 + Room upgrades and dinner.

6. We are published in the Federal Discount Lodging Directory 2007 Which is distributed to all American government workers?

Contact Me - Robert Debono

  • Please click here and fill out the contact form or alternatively call me on the phone numbers provided

Tuesday, November 18, 2008

A.T.O & C.I.B

  • Rick Macklin, I have asked you on numerous occasions for my group certificate regarding my employment at the Wisteria Lodge. The A.T.O state that all group certificates must be processed within 15 days of July 1 - The only reason I think you haven't given me my group certificate is because you owe me wages - a lot of wages - the figure will be published once I have summoned Rick with my counter claim

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  • Rick, the 7 police members which raided our house located at Western Cove.
  • Sergeant RAMM - Id: 29601
  • Brevet Sergeant RUTSCHACK - Id: 21380
  • Senior Constable First Class SCHULZ - Id: 56320
  • Senior Constable First Class TROMP - Id: 17219
  • Senior Constable First Class LIPMAN - Id: 59893
  • Senior Constable First Class HUMPHREY - Id: 59468
  • Constable WENDT - Id: 55365
  • I have one simple question for you regarding this matter which will be allegated against you in the coming counter claim - Good Luck
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Monday, November 17, 2008

Court procedures regarding Action 7213 of 2007 in a Nutshell

Richard Macklin borrowed the sum of 10,000.00 from the J & A Debono family Trust to pay overdue rent for the Wisteria Lodge in January 2007.
On April 17, 2007 I being Robert Debono was executed from management of the Wisteria Lodge for many reasons ( these reasons will be explained but only once I have summoned Mr Macklin which currently is in process ) apart from bad management as I have proven this in the magistrates court (Action 7213 of 2007)

Firstly Rick denied that the 10,000.00 was lent to him and once proven it was lent to him he placed a third party claim against me being Robert Debono.
67 Allegations against me with the concept that he accused me of costing him 30k to 40k so why should he have to pay my father 10k - nice work Rick!! Brilliant - not only did you do wrong by me, the one who worked day and night to make sure you didn't bankrupt due to your circumstances but you done wrong by my father.

As you can see my process took just under one year to complete but the end result was Richard Macklin backed out of attending Trial on November 10 - I don't understand Rick as you ordered the TRIAL

THIS BLOG WILL BE UPDATED WHEN TIME PERMITS SO PLEASE BOOKMARK ME AND RETURN

Sunday, November 16, 2008

To whom it may concern

I have been informed today that Richard John Macklin is the ??????? of his late father ????????

Friday, November 7, 2008

Letter to Mr Debono from Starke Lawyers

Document filed on the 23 October 2008 by Mr Richard Macklin Solicitor

JEFFERY ANDREW CARR
Solicitor for the Plaintiff
STRACHAN CARR
Barristers & Solicitors
3rd Floor, 143-146 North Terrace
Adelaide SA 5000

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Magistrates Court S.A

Notice of Discontinuance of Third Party Claim

CLICK HERE FOR THE DOCUMENT - 23 OCTOBER 2008

Action No. 7213 of 2007

Date of Filing: 23 October 2008

Trial Court: Adelaide

Defendant: Richard John Macklin

Third Party: Robert Debono

---------------------------------------------------------------------------------

Take Notice that the abovenamed defendant being Rick Macklin discontinues his third party claim against the third party. Rick Macklin ordered the trial and was granted March 10 2009 but I being the Third Party mangaed to bring the date forward to November 10, 2008.
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Wednesday, October 22, 2008

Letter to Mr Debono from Starke Lawyers

CLICK HERE FOR THE DOCUMENT - 18 OCTOBER 2008

Wednesday, October 15, 2008

Court Hearing - Wednesday October 15, 2008 - 2.15pm - Outcome

Court Hearing - Wednesday October 15, 2008 - 2.15pm - Outcome

Macklin v DeBono
Adelaide Magistrates Court Action 7213 of 2007

  • Magistrate Gumpi has been appointed to Action 7213 as of 15 October 2008
  • Keith Reid of Starke Lawyers acting for Mr Debono asks the magistrate for the trial date currently listed for March 26, 2009 to be brought forward to an earlier available date.
  • The earliest available dates are November 10 and November 12
  • Magistrate asks Mr Carr if this date is ok with him and his client Mr Macklin - Mr Macklin agrees and accepts this date
  • Court is dismissed

Thursday, September 25, 2008

Court Hearing - Friday September 26, 2008 - 9.30am - Outcome

Court Hearing - Friday September 26, 2008 - 9.30am - Outcome

Macklin v DeBono
Adelaide Magistrates Court Action 7213 of 2007

  • Keith Reid of Starke Lawyers acting for Mr Debono tells the court for record the reason for the non appearance on the 26 August 2008
  • Keith Reid asks the court to remove the details of the original plaintiff being J & A Debono Family Trust from all court records as judgment was granted and the amount was paid in full from Mr Macklin to the J & A Debono Family trust - granted
  • Keith Reid asks the court if the trial date which was asked for by Mr Carr in absence of Mr Debono on the 26 August 2008 be brought forward to December 08/January 09. Magistrate Forrest said he would like to but unfortunately his time schedule/diary would not allow him to.
  • Keith Reid then pointed out to the court that the copy of record mentions that Magistrate Forrest disqualified himself from hearing the trial on April 7, 2008 due to Magistrate Forrest being an acquaintance of Jim Perry. Jim Perry of DFK Accountants who will be a witness at trial.
  • Magistrate Forrest thanks Mr Reid for pointing out this issue
  • Magistrate Forrest tells the court that the trial date be brought forward under the condition that there is a magistrate available with the particular time slot required
  • Magistrate Forrest asks Mr Jeff Carr if he has any problem with the outcome - Mr Carr replies - No your Honor

Friday, August 29, 2008

Letter to Third Party (Mr Debono) from Jeff Carr

27 August 2008

Macklin v DeBono
Adelaide Magistrates Court Action 7213 of 2007

Please click here for the documented letter

Wednesday, August 6, 2008

Court Hearing - Tuesday August 5, 2008 Conciliation Conference - Outcome

Court Hearing -Tuesday August 5, 2008 - 9.30am - Outcome

  • I being Robert Debono tells the court that I must represent myself today as I was only notified on Monday 4 August, 2008 that my Solicitor has become Terminally ill and is currently in the Flinders Medical Center.
  • Defendant's Solicitor, tells the court that his client has withdrawn from going ahead with the preparation of the EXPERTS REPORT
  • Magistrate Forrest then asks me if I would like to adjourn the matter for 3 weeks, to allow me some time to get legal advise/representation
  • Next court hearing on Tuesday 26 August, 2008 at 9.30am
  • Outside the court room I approach the defendants solicitor and ask him to ask his client being Richard Macklin to think about settling this case which would mean that the defendant, Richard Macklin must pay all my costs. ( a cheaper alternative )
  • The defendants solicitor then asks me what my costs are. I disclose them to him - $12,000.00 He asks for my contact details as he said he would put it forward to his client but tells me that I will not get the full amount.

Saturday, May 24, 2008

Court Hearing May 7, 2008 - Conciliation Conference - Outcome

Court Hearing May 7, 2008 - Outcome

  • Defendant's ( Rick Macklin ) Solicitor asks court for an addittional 2 day extension to supply Discovery documents to the court.
  • Granted 7 days.
  • Defendant's ( Rick Macklin ) Solicitor asks court for 6 weeks to prepare experts report.
  • 13 weeks granted by the court

  • Third party received a copy of the Defendant's index to their discovery documents on the 8th day.

Court Hearing April 7, 2008 - Outcome

Court Hearing April 7, 2008 - Outcome

  • Defendant's ( Rick Macklin ) Solicitor asks court for an addittional 14 day extension
  • Granted 14 days with 14 days for Third Part to reply

Court Hearing March 7, 2008 - Outcome

Court Hearing March 7, 2008 - Outcome

  • Defendant's ( Rick Macklin ) Solicitor asks the court for a 14 day extension
  • Granted 14 days with 14 days for Third Part to reply

Discovery Index Supplied by Third Party being Robert Debono

Court Discovery Documents - Index Supplied by Third Party being Robert Debono
( Document access has been disabled)

  1. EXCEL FORMAT : ITEMIZATION OF MONTHLY BALANCES TAKEN FROM BANK STATEMENTS - PERIOD JULY 2005 TO JANURARY 2008 - 4 SHEETS
  2. M.Y.O.B BANK REGISTER FROM JULY 2005 TO JUNE
  3. WEB PAGE FORMAT : ITEMIZATION OF MONTHLY BALANCES TAKEN FROM BANK STATEMENTS - PERIOD JULY 2005 TO JANURARY 2008 - 4 SHEETS
  4. 2006
  5. M.Y.O.B CARD LIST SUMMARY OF CREDITORS
  6. EMAIL - RENT - MARGARET MINNEY
  7. A LIST OF QUESTIONS I PREPARED FOR JIM PERRY FOR THE DISCUSSION ABOUT TERMINATING ME
  8. M.Y.O.B GENERATED BALANCE SHEET FOR PERIOD JUNE 2005 TO JULY 2006
  9. A.N.Z OVERDRAFT APPROVAL LETTER
  10. CHOICE GROUP MONTHLY ACCOUNT BALANCES
  11. DIRECT BOOKINGS TO WISTERIA LODGE FROM PERIOD OCTOBER 16 2006 TO APRIL 16 2007
  12. ACCOMMODATION ROOMS SUPPLIED TO SEALINK FOR PERIOD OCTOBER 16 TO APRIL 16 2007
  13. WISTERIA LODGE RENT BREAKDOWN
  14. M.Y.O.B GENERATED BANK REGISTER WITH LINKED WAGE PROOF
  15. EMAIL TO JIM PERRY ON MARCH 15 2007
  16. EMAIL TO JIM PERRY ON THE 7 APRIL 2007
  17. EMAIL TO JIM PERRY - FEB 15 2007 - REGARDING A GROUP BOOKING WHICH WAS ORGANISED THRU PHIL PAGE
  18. EMAIL TO A.T.O
  19. EMAIL TO MICHAEL SHEPLEY ( SEALINK ) AFTER APRIL 17 2007
  20. EMAIL TO GEMMA GORDON -
  21. UPDATED CASH FLOW WITH PRECISE INCOME, BANK_LOANS, GST, RENT - PLEASE NOTE MARCH 2007 FIGURE IS IN RED (19,731) - THE 20,000.00 NEEDED TO KEEP THE WISTERIA TRADING STATED IN THE LETTER FROM JIM PERRY (DFK ACCOUNTANTS) - THE LETTER THAT STATES THAT ROB DEBONO MUST BE REPALCED AS MANAGER IN ORDER FOR THE 20K TO BE GIVEN TO RICK MACKLIN - CLICK HERE FOR THAT DOCUMENT
  22. UPDATED CASH FLOW WITH PRECISE INCOME, BANK_LOANS, GST, RENT WITH PREVIOUS YEARS TAX AND RENT BILL
  23. FUNDS HELD BACK BY SEALINK 16 JUNE 2006 TO 31 AUGUST 2006 - THE AMOUNT WAS PAID TO US ON 14 SEPTEMBER 2006:(S/Link/Acc)
  24. LETTER FROM Hon Paul Holloway REGARDING POLICE RAID THAT TOOK PLACE AT MY PREMISES ON KANGAROO ISLAND
  25. DETAILS OF MORTGAGE INSURANCE TRANSFERRED TO WISTERIA CHQ A/C IN ORDER FOR US TO PAY RENT
  26. CERTIFICATE OF THE REGOSTRATION OF A BUSINESS NAME - COMFORT INN WISTERIA LODGE
  27. CERTIFICATE OF THE REGOSTRATION OF A BUSINESS NAME - OCEAN LINK TRAVEL
  28. RICK MACKLIN - STATEMENT OF FINANCIAL POSITION DOCUMENT FOR A.N.Z
  29. WESTPAC LOAN 1 AND WESTPAC LOAN 2 : THESE LOANS WHERE THE LOANS TO PURCHASE THE LEASE ON MAY 19, 2004
  30. BANK OF CYPRUS DETAILS FOR WISTERIA LODGE AND OCEAN LINK TRAVEL SET UP
  31. KANGAROO ISLAND STATISTICS - PLEASE TAKE NOTE PAGE 4 - AVERAGE ROOM OCCUPANCY ACCROSS K.I WAS 56.3% WHICH EQUIVILATES TO 11.26 ROOMS FOR THE WISTERIA LODGE - THIS DOCUMENT DOES NOT INCLUDE THE EXTRA 20 ROOMS BUILT BY THE OZONE HOTEL WHICH RECIEVES FIRST PREFERENCE BY SEALINK
  32. COMMONWEALTH BANK MERCHANT FACILITY SET UP - THESE DOCUMENTS ARE THE APPLICATION FORM IN ORDER TO HAVE AN EPTOS MACHINE SETUP WITH COMMONWEALTH BANK - REQUIRED FOR THE DIRECT FUNDS TRANSFER INTO THE BANK OF CYPRUS.

Rick Macklin pays J&A Debono Family Trust due to Bankruptcy notice issued through the courts

Rick Macklin pays J&A Debono Family Trust due to Bankruptcy notice issued through the courts

( Click here for PDF Document )

DEFENCE TO THIRD PARTY STATEMENT OF CLAIM

MAGISTRATES COURT [CIVIL DIVISION] SOUTH AUSTRALIA


(Click Here for Document )

Form 4 LAW CODE: L212

DEFENCE TO THIRD PARTY STATEMENT OF CLAIM

TRIAL COURT: Adelaide ACTION NO. 7213 of 2007

Address:

260-280 Victoria Square, Adelaide SA 5000

Telephone No: 8204 2444
Fax:8204 0670

METHOD OF SERVICE:

PLAINTIFF(S): RICHARD JOSEPH DE BONO as Trustee for the J & A DE BONO FAMILY TRUST

SOLICITORS FOR PLAINTIFF(S) :STRACHAN CARR

3rd Floor, 143-146 North Terrace

Adelaide SA 5000

DEFENDANT(S)

Full name: RICHARD JOHN MACKLIN

Address: Unit 6, 49 Arthur Street

Pennington SA 5013

Telephone:
Fax No:

DX No:

DEFENDANT(S)

Full name: WISTERIA LODGE PTY LTD (ACN 120 309 122)

Registered Office: DFK Grey Perry

Level 1, 89-92 South Terrace

Adelaide SA 5000

THIRD PARTY

Full name: ROBERT DE BONO

Address: Wirrina Cove, Fleurieu Peninsula

South Australia 5204

SOLICITORS FOR THIRD PARTY

Name: MOULDENS L212

Address: Level 2, 80 King William Street

Adelaide SA 5000

Phone No: 8217 8288

Fax No: 8212 7378

DX No: 362

MAGISTRATES' COURT OF SOUTH AUSTRALIA THIRD PARTY CLAIM - Claim against third party being Robert Debono

MAGISTRATES' COURT OF SOUTH AUSTRALIA THIRD PARTY CLAIM
(Civil Division) FORM 6 ( Click here for PDF Document )

TRIAL COURT:Adelaide
Action No. 7213 of 2007
Address: 260 - 280 Victoria Square Adelaide S.A. 5000
Telephone: 8204 2444. Facsimile: 8204 0670

PLAINTIFF:
RICHARD JOSEPH DEBONO as trustee for the J and A DeBono Family Trust

DEFENDANTS:
RICHARD JOHN MACKLIN
Unit 6,49 Arthur Street Pennington SA 5013; and

DEFENDANTS:
WISTERIA LODGE PTY. LTD. ACN 120309122
Registered office: DFK Gray Perry, Level 1,89-92 South Terrace Adelaide SA 5000

Sol icitor for Defendants:
MARGARET J MINNEY Ll158 P697 of 138 Second
Telephone: 8363 2669 Facsimile 8362 4ll9

THIRD PARTY:
ROBERT DEBONO
Wirrina Cove, Fleurieu Peninsula, South Australia 5204

THIRD PARTY - if you wish to defend any part of this Third Party Claim, you must,
within 21 days from receiving this Third Party Claim, go to your nearest court and file
a defence (and counterclaim - if you have one).

* * TAKE THIS FORM WITH YOU * *
If you do nothing the defendants may get judgment against you. There are cost
penalties for unsuccessfully defending a third party claim.

Monday, February 18, 2008

Watch this space!

Watch this space as I will be uploading some great content here soon!

Richard Macklin - Wisteria Lodge - Comfort Inn - Kangaroo Island

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