UPDATE: GOSLING IS NOW BANKRUPT
From The Age and SMH
Mentor to pay for 'misleading' couple LEONIE WOOD
March 19, 2010
RETIRED Melbourne couple, Neil and Adele Taylor, can recall the despair of seven years ago when they realised the $245,000 they had invested in a ''no risk'' term loan had vanished.
''I just cried all the way home from work one day,'' Mrs Taylor told The Age this week. ''You wake up in the middle of the night and say, 'Why did we do this?'
''We went through a lot of time blaming ourselves, when what we should have done was blame the people that convinced us to put money in.''
One of those people, the high-profile Victorian business mentor Garry Gosling, was ordered this week to pay more than $340,000 to the couple who mortgaged their fully paid home in mid-2002 after soaking up his misleading spiel about ''no-risk'' investments.
The businessman also was criticised by a Victorian Supreme Court judge who said Mr Gosling falsely denied certain evidence in court, and that his decision to take on a directorship of a company to help business associate, Gabrial Neil Pennicott, hide his involvement ''reflects poorly upon his commercial morality and upon his credibility as a witness''.
Mr Gosling has been since 2006 one of the small business mentors available through the non-profit mentoring network, Small Business Mentoring Service (SBMS), which receives funding support from the Victorian government.
SBMS chief executive David Gregory said Mr Gosling contacted the organisation after the decision was released earlier this week and resigned as a mentor.
Mr Gosling's involvement in promoting the investment was not related to his mentoring role at SBMS.
Justice Kim Hargrave heard the Taylors were close to retirement in mid-2002 when they mortgaged their $300,000 Burwood East home so they could invest $245,873 with IBP Capital, a company owned by Pennicott and Jan Li but whose sole director was Mr Gosling.
''Absolutely we trusted him [Mr Gosling],'' Mr Taylor told The Age. ''He was a guy who had a lot of investment experience.''
Mr Taylor said it was only with help from lawyer Simon Abraham of Tisher Liner & Co that the couple stopped blaming themselves for the shoddy investments ''and understood how good these people really were at what they did''. The Taylors sued Mr Gosling.
The Taylors initially expected to invest in a Phillip Island property development promoted by IBP Capital. But Mr Gosling told them in July 2002 that the project had been delayed, and he suggested they instead park their funds in two short-term loans with IBP.
The Taylors told the court that Mr Gosling assured them there was ''no risk'' and that IBP Capital was backed by more than $4 million of property holdings.
The Taylors received some interest on the loans plus a single payment of $10,000. But when the investment matured in February 2003 and the couple demanded their funds, they were met with what the judge described as ''extreme delaying tactics and obfuscation'' by Pennicott and Li.
In the end, the Taylors got nothing. IBP Capital and its associated company, Urban Investment Services, have collapsed owing millions, Li is bankrupt, and the court heard Pennicott probably will not be able to pay his creditors.
''I have no doubt that they [Pennicott and Li] lied to the Taylors repeatedly,'' the judge said in a decision published this week.
Pennicott and Li are facing many criminal charges relating to the collapse of property development schemes and their roles in enticing people to invest. Their trial is due to begin in the County Court in late July.
Mr Gosling spruiked investments for IBP and Urban Investment Services during seminars at Caulfield Town Hall in early 2002.
The court heard he agreed to be a director of IBP Capital so that Pennicott could disguise his involvement from his former employer, the disgraced property spruiker Henry Kaye. Justice Hargrave said Mr Gosling falsely denied this under cross-examination.
''Mr Gosling took no steps to inform proposed investors in IBP that, although he was its only director, he was acting under the instructions of Mr Pennicott and Ms Li at all times,'' the judge said.
Mr and Mrs Taylor said their contact with IBP was almost solely through Mr Gosling, but in December 2002 they learnt Mr Gosling had resigned as IBP's director four months earlier.
Justice Hargrave found that the main reason the Taylors invested with IBP Capital was ''the misleading statement made by Mr Gosling at the 30 July [2002] presentation, that the short-term loans would carry no risk''.
The court has ordered Mr Gosling to pay the Taylors $200,000 owed from one of the loans, plus interest and costs - a sum that so far exceeds $340,000. Mr Gosling declined to comment.
Sunday, March 28, 2010
Taylor v Gosling
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Labels: business, law, misleading and deceptive conduct
Saturday, October 24, 2009
27 October: Armed to the Teeth
New Swollen Members album comes out this week.
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Thursday, September 17, 2009
Warrior - Swollen Members
New swollen members video
Swollen Members - Warrior (Feat. Tre Nyce & Young Kazh)
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Madchild
Back in Australia and getting excited about the new Swollen Members album coming out in October.
Video of Madchild talking about his drug addiction.
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Friday, August 21, 2009
The Standard Grill
Just had a great dinner at The Standard Grill - the restaurant at The Standard NYC (the hotel at which we're staying). The bar and restaurant at The Standard are at present the hottest place in New York - packed every night with hot young New Yorkers and others. Monday night Quentin Tarantino had the afterparty here after the premiere of Inglorious Basterds, complete with Brad and Angelina, among many others. People who've been at the bar and restaurant so far include Lindsay Lohan, Renee Zellweger, Cameron Diaz, the entire fashion world (including Anna Wintour) and pretty much everyone else.
Had a fun day today hanging around and shopping in SoHo and NoLita - incredibly hot, but fun anyway.
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Thursday, August 20, 2009
The Standard, NYC
Staying at The Standard, NYC - it is pretty new and is built above the Highline (an abandoned above-ground train line being turned into an awesome public park) in the Meatpacking District, which has awesome shops and restaurants and great cobblestone streets.
We have a fairly tiny - but very cool - room, with a glass wall giving great views over NYC (the Highline, the Meatpacking District and the Hudson River).
Had a few drinks last night (Tuesday night) in the Beer Garden -the hot NYC bar at present. Amazing / bizarre drinks (my drink of choice for the evening comprised rye, a raw sugar cube, a lemon twist and absinthe bitters), a full-on summer electrical storm, a fun conversation with a songwriter and lifelong New Yorker with whom we shared a table.
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Tuesday, August 18, 2009
Cruz Bay, Saint John - random and general
A few observations:
- chickens clucking around the main street
- multiple, conflicting caribbean and south american music playing everywhere - music blaring from bars, cars and pretty much everywhere
- the smells of barbeque permeating the streets
- poor driving, given everyone is drunk on rum pretty much all the time
- rastafarian-looking guys wandering past with huge dreadlocks and/or huge beanies full of dreads
- four-wheel drives slowly driving past, stopping frequently to chat to pedestrians
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Virgin Islands so far
Had a fantastic day yesterday... got up early and drove around, checking out some beaches. Went for 2 short-ish hikes around the Cinnamon Bay area - one was through tropical rainforest and was beautiful (but very very sweaty) and the other was a steep climb up a hill - also beautiful and also very sweaty.
Then drove on to Waterlemon Bay... a great beach reachable only by hiking along a fairly good path. The little bay was great - although a little rocky - but with a white-sand beach with probably the best snorkelling I've ever done just close to the shore. The coral was unspectacular - the floor was mostly rocks and sand - but the fishlife was amazingly varied and plentiful. Plus followed a number of beautiful green sea turtles.
After that drove to Maho Bay for more snorkelling. A much larger and more popular beach - there may have been as many as 20-25 people there, along the long beach. We set up in the shade - incredibly relaxing - then snorkelled. Quickly found a HUGE green sea turtle and followed it for ages.
In the afternoon a walk around town and towards Salamons Beach - very humid.
Relaxing evening - cooked a bbq at the resort, and bunkered in.
Tropical Storm Ana (now downgraded to Tropical Depression Ana) hit overnight - lots of wind and rain.... Today is fairly grey - a relaxing day
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Animals seen wandering around Saint John
Donkey
Goats
Deer
Mongeese
Lots of lizards
Spiders
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Monday, August 17, 2009
Ess-A-Bagel
In New York the other day M and I decided to grab breakfast at Ess-A-Bagel, around the corner from our hotel. I have very weird memories of Ess-A-Bagel from last time I was in NYC: I remember inconceivably rude service, but surely that was simply the product of unfamiliarity with their system and the New York way of doing things.
No - they are actually inconceivably rude and disinterested in their customers.
M went first - the Eastern European guy behind the counter asked what she wanted, then turned away and started talking to other staff and/or doing something else. Repeatedly. He would ask what she wanted and then not listen to her response and then tell her he hadn't been listening and could she tell him again. Just totally f***king with her.
He then decided M was Irish, and proceeded to tell us (mostly me) a story about how his first wife was Irish, and they had divorced after about 5 years. He assured us he was not a violent man, but that despite that his first wife had made him so angry he had wanted to smash her head repeatedly against the floor. He paused to ensure we understood and sympathised with how unreasonable her behaviour had been to make him so angry. Once reassured, he continued that before they divorced they went to a nice hotel for a "special night"at which they'd had a really good time, then had agreed they should separate.
My bagel was awesome - an onion bagel with eggs, onion and lox.
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M was rejected for a tip again
Having previously been rejected in LA trying to tip the security guy at the hotel who found her watch, M was rejected today trying to tip busking musicians in the Virgin Islands who had been playing Jazz she was enjoying from our hotel room patio.
It emerged that:
- they were not buskers, and did not appear to know what 'buskers' were;
- they were warming up for their upcoming gig at a beachside bar; and
- they were not at all interested in taking $2 on being accosted by a weird Australian.
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Sunday, August 16, 2009
Today
Slept in and had a badly-needed quiet morning.
Hired a Jeep Patriot this afternoon and drove around the island, visiting a number of amazing beaches and Coral Bay, the town at the other end of the island. Snorkelled at Trunk Bay, the biggest (and most populate) beach on the island - but still only a few people there.
Dinner tonight at Uncle Joe's Barbeque - amazing chicken and ribs. A tiny shack without any signage whatsoever somewhere in the centre of town (near the post office) it has a miniscule menu and minimal amenities. A waitress and a cook. While we were there, the cook was busy washing dishes and the barbeque caught fire. The waitress rushed over and put it out with a glass of water. Everyone continued what they were doing. A fantastic meal - but you'd hate to be in a hurry.
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A few random notes:roads on Saint John, USVI
- Roads here do not have names and there are no street numbers.
- In the US Virgin Islands, cars are driven on the left-hand side of the road (like Australia, but unlike the USA).
- In the US Virgin Islands, cars are left-hand drive (like the USA, but unlike Australia).
- The combination ensures poor visibility around the many corners on the wind-y roads.
- Roads are very narrow and are shared between pedestrians, cars and random wild animals.
- Driving around the island this afternoon we encountered various donkeys, and a number of goats.
- Many of the drivers are tourists from the USA who have previously driven only on the right side of the road. They are now expected to drive on the left - but with a left-hand drive car (as at home). This contributes to the generally poor quality of driving seen on the roads.
- The remaining drivers are primarily Virgin Islanders. As far as I can tell, the principal pastime on the USVI is drinking rum.
- It is legal to drive while drinking.
- Seatbelts are compulsory, unless a passenger in a taxi or riding in the back of a pick-up truck (aka ute).
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A great American pasttime
Ordering too much food, then taking the extra food home in a styrofoam container in multiple plastic bags. Destroying the environment, one meal at a time.
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Saturday, August 15, 2009
Saint John - Friday
A very early start - up at 4am, subway to JFK and a plane to Saint Thomas in the US Virgin Islands - about a 4 hour flight. A share-taxi across the island and then a ferry to Saint John.
Saint John is an island about the same size as Manhattan (approx 20 miles) but with a population of just over 4,000 (compared to Manhattan with about 1.6 million). It is a US dependancy - it uses US dollars and no passport is needed for Americans to travel to it - but residents cannot vote for President and elect a non-voting member to Congress. It is in the middle of the Caribbean - past Cuba, past the Dominican Republic and next to the British Virgin Islands. Very beautiful, with warm water, lots of great beaches and about 2/3 of it is National Park.
Staying at Gallows Point in a suite right on the beach. Because it is hurricane season (a minor detail easily ignored) prices are reasonable. Furnishings are a bit dated, but the location is incredible and it is very very comfortable.
We have been supertouristing for a couple of weeks now - so a few days of rest and relaxation is very welcome. This afternoon swam in the (very) warm ocean and read in a hammock.
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Labels: Caribbean, travel, US election, USVI
NYC - Thursday
A great morning - we got up early, caught the train to the top of Central Park, then jogged / walked back to the hotel, including (most of) a lap around the Reservoir in the middle of the park. Central Park is so beautiful and such a fantastic resource for New Yorkers and visitors to the city. It would have been shorter if we hadn't got lost, but nevertheless an awesome morning out.
Then M went off to the Sex And The City Tour - I couldn't have been any less interested. I took the subway to The Cloisters - a branch of The Met above 190th Street at the very top end of Manhattan. It is in a weird castle-kind-of-building - full of amazing artworks and artifacts from Medieval Europe. After that, headed down to The Met and the European paintings and Islamic art collections. Particularly loved a Zurbaran painting of Jesus on the cross - possibly the most amazing painting I've ever seen.
In the afternoon, shopped at Bergdorf Goodman - incredibly upmarket.
That night, saw Hair. Well-performed, but just couldn't get into it. 60s hippies were so apppallingly self-indulgent and self-righteous.
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Thursday, August 13, 2009
More NYC
Last night had a drink at the bar at the W Hotel, a few doors down from our hotel. A pretty cool bar, and fun watching businessmen having middling-to-good success in picking up attractive young girls in town for a night out.
Today visited Liberty Island and Ellis Island. Ellis Island was America's main point of arrival for immigrants for many years (until the 1950s) - it has a great museum and has been restored to its condition in the 1920s. Quite an emotional experience.
After that, more shopping.
Yesterday visited the Morgan Library - the home of J P Morgan, now turned into a museum. His private library, in original condition, was apparently known as 'The Most Beautiful Room in America' and it is easy to believe - amazing. The collection includes 3 (of less than 50 in existence) Gutenberg bibles. Seeing one was inspiring and very special. The collection of old and rare books and illuminated manuscripts was incredible. An absolute must-see.
The Frick Museum was somehow disappointing, although the collection was pretty incredible. Vermeer and much much more. An early 20th century mansion on Central Park in the Upper East Side, in its original condition. Jammed full of New Yorkers - they appeared to be mostly east-siders - older men in white pants pulled up high and older women with substantial quantities of make-up and jewellery.
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Broadway so far
Last night - Mary Stuart and tonight In The Heights. Very different but both great.
Mary Stuart was incredibly enjoyable, despite being a 2 hour 50 minute period piece about Mary Queen of Scots and Queen Elizabeth. The acting was fantastic and the set design and costumes were great. It absolutely held the audience's attention and I highly recommend it.
In The Heights is a new(ish) musical set in Washington Heights - a hispanic neighbourhood in Manhattan. It has won numerous Tony awards, including best musical. Sort of a mix of hiphop and Latin-American music. A great (and attractive) cast, great songs and a good story. Also highly recommended
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Pretzel time
Having never tried a New York pretzel, I had the urge today while on the ferry from Battery Park to the Statute of Liberty... M has an awesome photo of me living the American Dream: eating a pretzel while the Statue of Liberty draws near... it was salty and doughy and I can see why people eat them while drinking beer.
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Wednesday, August 12, 2009
Tuesday, August 11, 2009
NYC - a very hot Tuesday
Had a non-museum day today (at M's insistence).... a small sleep-in then the subway to Brooklyn. It was extremely hot (and humid), making it difficult to accomplish too much - but we pressed on regardless.
Couldn't help but think of Do The Right Thing - a Spike Lee Joint, and one of my favourite films of my teenage years. Set in Bed-Stuy, a part of Brooklyn a few subway stops from where we started our exploration, it was about tensions rising in a mixed neighbourhood on the hottest day of summer, culminating in a race riot.
Anyway, the parts of Brooklyn we saw (basically, some of the nice parts) had amazing old buildings and good cafes with good coffee. No race war going on anywhere near us. Wandered around near the water, looking back over at Manhattan and wandered around some beautiful, leafy residential streets. Eventually found our way to the Dumbo neighbourhood, had a great lunch at a fantastic cafe and then walked back to Manhattan over the Brooklyn Bridge. A great walk, with amazing views, shared with many many other people.
Walked by the World Trade Centre area - a huge, empty zone.
Found Century 21 and amazing discount shopping. I will have to go back as I didn't finish today, but managed to find some fantastic bargains (and relative bargains). Very excited about my new Alexander Mcqueen jacket.
Dinner tonight at a Vietnamese restaurant in Chinatown - fairly similar to the Victoria St, Abbotsford experience.
Loving the subway. Hot, humid, great people watching and an awesome way to get around the island.
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Momofuku Noodle Bar - NYC
Amazing dinner last night at Momofuku Noodle Bar in the East Village.
It is, basically, a casual - but very cool and fairly tiny - noodle bar. I had the most amazingly delicious chicken steamed buns, then chicken ramen. M had their fixed menu, which inluded various items on the Tyson-forbidden list, but which she insisted was also amazing. We shared a couple of soju slushies - one was (alarmingly) ginger-flavoured, the other watermelon-flavoured.
We were seated at the counter, watching over (and virtually part of) the kitchen. The chefs were working incredibly hard putting the intricate dishes together.
Highly recommended,
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Labels: NYC, restaurant
Monday, August 10, 2009
Philadelphia + NYC Day 1
An incredibly long day yesterday - arrived at Union Station (beautiful, huge) - stress-free 2 hour train ride to Philadelphia, arrived at 30th Street Station (very beautiful, huge). Met up with N's cousin Shannon, who had agreed to show us around town.
Shannon is an incredibly nice guy, and very fond of his niece N.
He took us first to the Mutter Museum (note: I can't find an umlaut, but Mutter should have an umlaut). It is a museum of medical oddities, and incredibly strange. We saw the preserved bodies of Chang and Eng, many preserved examples of deformed foetuses and people and lots more extremely difficult-to-look at stuff. It was all fairly repugnant but fascinating. I couldn't come at the extensive exhibits of infected and damaged eyes, but otherwise was ok to look at everything. The place attracted a fairly strange crowd.
We next wandered around the Rittenhouse district, had a coffee and an icecream then went to the beautiful Philadelphia Academy of the Fine Arts - a famous and impressive school for artists, located in an absolutely amazing old building (and also in a new building next door) and with a great art museum.
Shannon was great - having never met us, he gave up a huge chunk of his Saturday to showing us around Philadelphia. He was friendly, interesting, a big personality and incredibly knowledgeable about film (including Australian film).
We said goodbye to him mid-afternoon, then headed to the historical district. We shared a Philly Cheese Steak, then felt sick. We napped on the ground near the liberty bell, then wandered around. Viewed the liberty bell - much less impressive I think for foreigners who dont'have the deep reverence for it as a symbol and just see an old, cracked bell.
An early dinner at Lolita - an awesome modern mexican place in Rittenhouse - it was BYOT, so we bought a bottle of tequila and enjoyed their fresh (and fantastic) margerita mix and food, then caught our train to NYC.
Arrived about 10pm and stress-free logistics to the hotel. Doubletree Metropolitan. Adequate. Went for a late-night wander to Times Square and around.
Today we wandered the streets - the east side at midtown is beautiful... there was a street festival in Lexington right outside our hotel, with lots of stalls. Spent most of the day at the Met - I'll write about it another time, but it was incredible (of course) - and we'll be making another visit. A walk around Central Park, including a great nap, and now off to dinner.
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