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Progressively building a Cascading Drop Down Menu for McVean's Fatal Smash that gave Hugh McVean PTSD which made him devious, scheming, cold and callous and without a conscience;
The Fatal Collison: & PTSD => Hugh McVean; Photos, Scene and Eye Witness Descriptions;
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Fraud,
Thief, Hugh McVean Voids the Special Fiduciary Duty he Owed to Russell
Mathews.
On the 25 February, 2005, I received a report from a lawyer which
stated in part, this most important
legal principle: [I will add my comments below.]
'In the circumstances however the breach of your brother[-in-law]’s
fiduciary
duties could constitute the fact that he;
a. Does not acknowledge openly the option or if he does, nonetheless
claiming to have lapsed; or it
b. Is failing to agree to transfer the property to you for an agreed
amount in terms of the Trust initially created when the property was
acquired.
In the light of that report I would state that this follows:-
' The issue of Unconscionable Conduct .
'Based on that report and the various comments and diagnosis that Dr.
Hazell makes about your condition, it would be clear to say that the
persons dealing
with you require to be careful in their conduct towards you and not to
take advantage of you.
'In that light particularly Mr
& Mrs McVean being members of the
family and knowing your history, [see
admission by Hugh McVean below], would clearly be said to
be in a
trusting position in respect of your affairs and the Hawken Drive
property.
'Your medical condition therefore
would clearly impose a
special duty
on Mr & Mrs McVean in the manner that they treat you
and the
arrangements with which they had entered into with you in respect of
the Hawken Drive property.
'Accordingly your claims that you had an option or that the property
was held in trust for you would be more than plausible and it is my
view that you would have a relatively good cause of action against Mr
& Mrs McVean in respect of raising the claims I have referred to in
this letter.'
A FIDUCIARY
DUTY is of such a high level, that a FIDUCIARY [the one upon whom
the FIDUCIARY
DUTY is imposed]
cannot contract out of it. [That would be akin to telling the
beneficiary that the beneficiary has given his TRUSTEE the right to
take advantage of him.]
Importantly, a Fiduciary cannot make a gain or profit at the expense of
his beneficiary. In any disagreement or conflict between a
Fiduciary and his Beneficiary, the Onus
of Proof that the Fiduciary has acted properly towards his
beneficiary, is fully upon the fiduciary. An interesting intellectual
extension to this topic, is the situation
of where a solicitor, who already owes each of his clients a fiduciary
duty even when they are not disabled or suffering 'medical conditions'
that imposes a Special Duty, to not take advantage of them,
becomes aware that his client fits within this class, of being the
beneficiary of this "imposed Special Duty". Well, as you may
expect, the solicitor is likely to 'freak out'. See how this
solicitor reacted.
As stated above, this
solicitor did state: "I have
had thebenefit of reading through the report of
Dr. Brian
Hazell which you have emailed to me and for which I
thank you."
He added subsequently:
"2. Our Association:
Once again it is because of the comments and diagnosis of Dr. Hazell in
his report I acknowledge that I have a special obligation to ensure
that you are not lead into unnecessary and frivolous litigation.
It is for that reason that I have had a looked at the issues you have
raised in a sober manner and until such time as we reach agreement as
referred to above by Client Agreements I am hesitant to simply provide
to you indiscriminate advices as to your rights and remedies.
It is obviously of some concern for me that at a later stage in our
association that you do not raise a claim against me for either
breaches of the Client Agreement or other obligations that I have to
you.
It is for that reason to ensure that there is no misunderstanding
between us that I would prefer that communication between us in most
parts be via email and that my secretary is present in any personal
attendances taking on instructions from you."
This solicitor's concern for
email communications and his secretary witnessing discussions, was his
realization that the onus
would be upon him to show he had acted
properly.
The following letter/email
written by
Hugh McVean and provided to me form the records of Brisbane City
Council
by Freedom of Information, [FOI[ [so there can be no doubt of its
veracity], discloses a number of breaches of Hugh McVean's FIDUCIARY
DUTY towards
me. Clearly, Hugh McVean at all times, set out to take
advantage of my disability.
To enumerate Hugh McVean's breaches of his FIDUCIARY
DUTY: [THIS
REALLY SHOWS THAT HUGH McVEAN IS AN UNTRUSTWORTHY PERSON.]
It is a breach of a FIDUCIARY
DUTY for the
Fiduciary [aka the TRUSTEE], to deal in secret behind the back of the
beneficiary. [His final comment "keep this
email confidential".]
Calling me a TENANT. A
beneficiary cannot be a simple Tenant of his trustee. [Hugh
McVean thought he could use the legal system to defraud me, and so far,
the corrupt legal system has permitted him to do that and caused me so
much other greater loss. Hugh McVean waited 'til my father died
in August, 2003, [and my sister Coral McVean assisted Hugh McVean to
defraud me of my home], before he believed he could complete his fraud
of me.
Hugh McVean's first action
when dealing with another person involved with the person [ie me], to
whom Hugh McVean owed the Fiduciary is to advise of the Fiduciary
relationship, such that the other person, in this case the Brisbane
City Council, would also know that they have to be very careful as to
how they deal with a disabled person, so as not to take advantage of
the disabled person. [Later, in this communique, in writing, Hugh
McVean indicated to the Brisbane City Council that I was on a disability pension. Foolishly,
the Brisbane City Council did not take notice of this warning. It
should have been like a RED FLAG TO A
BULL.]
Hugh McVean's encouragement
of the Brisbane City Council to act against me. [Do you like his turn
of phrase'': he thinks he is writing in legalese''- he wishes: "Ï am hoping
that my apparent inactivity is not inhibitory to you." and "I hope you will be able to
continue acting to enforce your laws .."
He indicates he is
conspiring with the Brisbane City Council, "... so I will contact you when I get a
little closer to a solution." and "Together we might be able to arrive at
( hopefully ) a simple and peaceful solution."
"It is not our desire to make you
homeless nor to discriminate
against you even though you are convinced of both of those
beliefs. Of course we know that you are disabled and we know the
history of
your
accidents/attacks to be not of your making. Why do you think we
will continue to provide a tenancy for you ( with due concern for our
continued return on our investment ) along with the fact that you are
Coral's brother?"
You will notice also in the final
brackets that Hugh McVean was sending a copy of this email to Judy
Magub, The Brisbane City Councillor for the area of Brisbane in
which my home, BENEFICIALLY OWNED BY ME, was situated. Judy Magub acted
improperly, so we had her sacked.
IMPORTANTLY, this was COMPLETE LEGAL NOTICE, to Judy Magub and to
the Brisbane City Council, [although we do not suggest that this was
the intention or desire of the fraudulent Hugh McVean], of my
disability and the way that they should deal with me, as per the Legal principle stated
above in the Lawyers communique. In fact,
there were many instances of NOTICE of my disability to the Brisbane
City Council, and the way they should have acted towards me, but
instead, they decided they could use my disability, & the
WIDESPREAD ENDEMIC CORRUPTION in Queensland, to take advantage of me,
& ASSIST HUGH McVEAN TO DEFRAUD ME.
Despite what Hugh McVean wrote in the email
of copy of which was sent to Judy Magub, Hugh McVean would
say to me, "You're not disabled. You have four Uni
degrees." He would, in emails, even ridicule that I was disabled,
as in the image of part of an email immediately below. [Click on the image at left to see
the whole email, from which it was extracted.]
Here, Hugh McVean is ridiculing me and my statememts that I am
disabled and that that makes me impoversihed. The reader must realize
that Hugh
McVean writes for the audience he is addressing. His intention
in the email also sent to Judy Magub, was to show Judy Magub that
he is a 'really caring person',
and to appear to me that his is at a distance to the Brisbane City
Council.
Would the reader be surprised to know
that when Hugh McVean is writing to only the Brisbane City Council, he
is happy to ridicule me? Well, have a read of his
letter to the Brisbane City Council, where he ridicules me
viz:
"My tenant [that is I, Russell
Mathews - so a breach of Hugh McVean's Fiduciary Duty right away], ...
also wishes to (
would you believe it? ) to have a definition of "odour" as he
says (
would you believe it? ) that what one person finds offensive he
might not find that smell offensive."
The reader may also find it
enlightening to consider for a moment, the reason Hugh McVean was so
ready to denigrate and ridicule me. It is reasonable to presume
that that was the general tenor of all of Hugh McVean's communications
with the Brisbane City Council. Hugh McVean writes of
his 'phone call on 23 August, 2002. The
BCC's Peter Weston made notes of the conversation. Again there is no reference to Hugh
McVean's Fiduciary Duty owed to me. At that time Hugh McVean was
ignorant of the fact that, in these circumstances, he owed me a
MANDATORY LEGAL FIDUCIARY DUTY. [He could not even spell it. His
lawyers in Nambour, who were also lawyers for my sister, Coral McVean,
as they are jointly involved in this matter, had been severely remiss
in not advising Hugh McVean and Coral McVean of the duty they owed
me. Coral will have a legal claim against them for the enormous
financial losses that they will inevitably suffer, basically because of
the hatred that Hugh McVean had for me. Coral has only herself to
blame as she knew what a lowlife, cheating fraudster Hugh McVean
really is. Coral
knows how he threw a brick through a glass door so they could claim
insurance damage for the water damaged carpet.]
This further documentary evidence of
the manner of how Hugh McVean communicates. He is constantly
monitoring the feedback of how he and his story is being
received. Hence, he is not interested in "leaving a message"as
shown by the comment of the Emma Kearney who took the phone call.
She states, "..could not squeeze any further info from him."
The approach of Hugh McVean was to
ridicule and denegrate me to appear to the Brisbane City
Council employees as being overly helpful [See
note at the bottom, by Peter Weston.],
and to also denigrate and
ridicule me so that they too would follow suit and treat me with
disdain. Of course, that is totally abrogating his mandatory
Fiduciary Duty to me as Indicated in the Lawyer's advice
above.
He had done this in about March 2000,
when Garth Donnelly of the
Brisbane City Council 'phoned Hugh McVean as
Hugh McVean's name and phone number is on the rate notice as he had
legal title of the property in Trust for me, the beneficial owner, [and
I still am the beneficial owner]. I had managed to have the
Brisbane City Council build a 6 foot high fence on the two street
boundary of my property at 254 Hawken Drive, St Lucia. Hugh
McVean cannot help himself. I had already had some dealings with
Garth Donnelly as he was the BCC
building supervisor of the fence
building contract. Hugh had to denigrate me so I was treated with
disdain by Garth
Donnelly and
his fellow employees of the BCC,
such that they sabotaged the building of the fence and then destroyed
my emails when I tried to have them fix it. That initiated a
series of events where Garth
Donnelly
deliberately withheld emails that
I requested under FOI. I made complaint to the CMC, who required
an investigator be contracted by the BCC to investigate and lo and
behold, he discovered emails that Garth
Donnelly had
deliberately
with-held. The investigate permitted Garth
Donnelly to
make a
voluntary 'discovery' of them. This was after I had made
complaint to the Office of the Information Commissioner, who
investigated. Garth Donnelly was interviewed. He told lies
of how he 'discovered' them. This is when the trouble really
started for Garth
Donnelly,
because the OIC investigator committed
those lies of Garth
Donnelly to a Statutory Declaration and required Garth
Donnelly to
sign it. He protested, and I have the
emails [plural] by FOI, where he was protesting that he did not want to
sign it. However, he eventually did sing it. This IS
PERJURY.
I will publish this much now and
further publish all the documentary evidence of the WHINGING OF GARTH
STEVEN DONNELLY, prior to his committing PERJURY.
A few files of DOCUMENTARY EVIDENCE re the parasite Garth Steven Donnelly. [There
are more to come.]
using
As one trained
to be a lawyer, I
can advise that that this "Special Duty" would in fact be a FIDUCIARY
DUTY.
