*news Flash* Air

[Tangles]

......... all I wanna see is a 1/4mile time

[chops]

About half way through reading the judgement at present.

Although Bob hasn't done us any favours with regards to track maintenance etc, it seems he may not be the villain in this whole scenario after all.

If you have a few hours to kill, have a read here.

http://www.courts.sa.gov.au/judgments/Judg...02-SASC-111.htm

[EnricoPalazzo]

Bob Jane Tyre outlets are Franchises. So you are more hurthing the owner, not bob Jane himself. So its stupid to purposley avoid them.

[pkblade]

Only skimmed & read 2/3 of the case facts but dodgy accountants , Nowak should know better than that. They deal with contracts all the time & from what I can gather he [Nowak] should have consulted more with lawyers & even a conveyancer in creating that contract & other particulars.

[Oosh]

192 - "Mr Van Dissel"

Simply a coincidence? Or is it really Vin Diesel just trying live his life 10 seconds at a time?

What a bloody mess.

[Pauly33GTS-t]

That's a fair typo duhhh. lol

[chops]

Only skimmed & read 2/3 of the case facts but dodgy accountants , Nowak should know better than that. They deal with contracts all the time & from what I can gather he [Nowak] should have consulted more with lawyers & even a conveyancer in creating that contract & other particulars.

Later on the judge basically suggests that half the paperwork he's provided was not actually prepared on the dates he says it was, and says it's pretty much one step from fraud. Gives him nil credibility.

These matters are in my view the main pointers showing a complete lack of credibility in Mr Nowak. Wherever there is any other evidence relating to one of the main issues of the case I would prefer that, to the evidence given by Mr Nowak.

[Madaz]

so whats Mr Nowak's interest in the whole saga

[Deluxe]

so whats Mr Nowak's interest in the whole saga

Mr Nowak is Bill, the guy who is against Robert Jane! He has alot of interest and is the one we are all hoping will win this saga!

[Madaz]

oh i thought is was Bill Russo :S

[Deluxe]

Hang on you might be onto something there my friend! well it did say Bill had only put in 10,000 out of the 50,000 so i'd say he must be a partner of Bills then! DAMIT!

[pkblade]

so whats Mr Nowak's interest in the whole saga

To put it simply Nowak was the sole director (ie. agent) for Adelaide International Motorplex Pty Ltd (ie. the proposed company to eventually own AIR) & Russo & co were to be primary shareholders of the company. As the agent for AIM Pty Ltd, Nowak was trying to form a contract with B Jane which he botched up due to not meeting the simple requirements of what constitutes a valid contract.

[chops]

Looks like Nowak only ever got Bill Russo involved once he'd farked the whole thing up already.

The judge said he felt sorry for Russo and his associates due to being used by Nowak to try and get out of a mess.

I can see just by the small mentions of him in the judgement that Bill Russo is a very smart businessman. (if his success didn't already suggest that)

Things like the requirement of a "clean" company with no trading history for him to be involved in the venture.

Sounds like it would be best for us all if he were to end up owning the track, but these proceedings won't end up that way. Here's hoping that an alternative can still see him end up with it.

[Mike_]

Here's a brief rundown of the whole saga copied from another forum:

Back in '99 Bob Jane was approached by ANDRA to buy AIR, he declined to sell but later decided to sell to the owners of City Dismantlers, the contracts were made up & all was good, but good ol bob decided to pull a shifty & changed the contract without notifying the buyer to the extent that he excluded the carpark from the sale, thereby making the track useless. Because they were'nt informed, the buyer signed the contract believing it to be the original & paid the deposit, then bob's dodgieness was discovered & the buyer tried to pull out of the sale - so bob took him to court for breach of contract (yes, he is that big an asshole).

It would seem that even if bob looses the court case all that will happen is that the buyer will get his shirt back & bob will keep the track (unless the case goes very well & bob is forced to honour the original contract), if bob wins he keeps the track & deposit & laughs for a long time.

There was a rumour that TOLL was going to buy the site for a transport depo, but is was found that good ol bob had used aspestos as filler in the mounds (probably took a large some of money from someone to dispose of it), so the cleanup was going to be to expensive.

As it stands now the court case has been heard & the judge is considering his verdict - which may be announced tommorrow or in 2 years time, no-one knows.

There is currently a push by ANDRA to ignore AIR & establish a new strip in SA, but it is in it's early stages & probably won't come to anything for a good many years.

Basically, SA drag racers are screwed unless we get a miracle.

I'll be signing that petition & telling everyone I can to do the same.

Edit - another point is that even if the track does change ownership, it's stuffed, those wonderfull aspestos filled mounds didn't have any drainage condidered, so water has got under the track & turned it into a rollercoaster as well as rotting all the wiring for the timing system & lights. It'll have to be torn up, the drainage sorted & a new strip laid before it's usefull for anything more than streeters.

[Nightcrawler]

Well I don't know which 16 year old tool wrote that dribble above, but that is not how I read the judgement at all.

Bob Jane signed a sale contract for 4 Certificates of Title, which did not include fixtures and fittings located on the property. 'Dodgey' Nowak later tried to get the other CT on the estate included in the sale as well as various fixture and fittings, which do not actually form a part of the property. This is not how contract law works - not even close. There are also going concern and GST issues, which are complex, but Nowak is essentially trying to get out of paying GST by buying the 'business', which Bob Jane clearly never intended him to do - he was only selling the land. The business is a separate issue entirely.

Bob Jane is actually the defendant here and as I read the judgement, he has done the right thing. Nowak is a crook (which the judge all but says) and is the one being deceitful. I can't actually believe Nowak could be so plainly stupid as to even let this get to court - as it is clear as day that he has fabricated evidence, he is knowledgable in the field of buying and selling properties so he knows all the procedures and rules, and he hasn't got a leg to stand on. As far as I read Bill Russo has had almost nothing to with the whole thing - he only became involved long after the issues with dodgy companies changing names and issuing bonds to raise capital came along.

Either way it sucks, and the judge should not allow an appeal (they can't possibly win), and make it all go away so new contracts can be negotiated and the place sold and fixed up.