Monday, March 10, 2014

Turner Freeman's fraudulent input into the closure of Enmore Spiritualist Church, Enmore, NSW

Terence Goldberg of Turner Freeman Lawyers represented four individuals, i.e. the plaintiffs, in proceedings heard in the Supreme Court of NSW.  Pursuant to those proceedings, Terry Goldberg ostensibly misleads the Court by claiming in an Application for Assessment of Solicitor/Client Costs that he acted for the sixth defendant in such proceedings, when in fact that sixth defendant was unrepresented.

Terence Goldberg then sued that sixth defendant to pay the legal costs of his clients.  The sixth defendant, an association, was then wound up to pay such costs and the residual funds belonging to that association have somehow made their way to an entity based at the home address of a long-time acquaintance of Terence Goldberg.

The above also defied the only Order made by the Court in those proceedings.  As you will see from the documentation below, the only Order made was that each party was to pay their own costs.

Significantly, the sixth defendant had accrued no costs, and as there was no Order made for one party to pay the costs of any other, Terence Goldberg was prohibited from claiming costs from any defendant, which he went on to do.  In this matter, Terry Goldberg makes a myriad of misleading and conflicting statements in a number of various documents, all seemingly to his benefit.

Read on to view the full story.  You will also see that documentation is provided to substantiate all claims.  The full Court documents in relation to this matter are at the top of the right hand column of this page.

Terence Goldberg, Turner Freeman Lawyers, Sydney

This website has been created as a forum into the closure of Enmore Spiritualist Church, Enmore, and the involvement of Turner Freeman Lawyers into that closure and the resulting disappearance of all its moneys.

Let us firstly inspect the events at Enmore Spiritualist Church which led to its unfortunate demise.

It turns out that Patricia Cleary, who was president of the church, had been misappropriating funds for a great many years.  Once that came to light, a meeting was held and Patricia Cleary was voted out as president, something which she refused to take lying down and involved Terry Goldberg of Turner Freeman Lawyers.

Terry Goldberg of Turner Freeman, on 11 September 2009, wrote to a number of individuals and claimed to be acting for Enmore Spiritualist Church (see below graphic, and click on graphic to view whole page).


Terry Goldberg's claim to be acting for the church was disputed by letter on 11 September 2009, telling Mr Goldberg that the firm of solicitors who took care of the church's interests was Boyd House & Partners.  It was impossible that Turner Freeman acted for Enmore Spiritualist Church as no committee resolution was made, and for that matter, no committee meeting had been held at all even discussing that eventuality.

Terry Goldberg obviously acquiesced to this point as in his next letter, dated 24 September 2009, he states that he acts for four individuals, i.e. "We act for Reverend Patricia Cleary, Caroline Allen, Matilda Vila and Miranda McCarthy (also known as Mandy Miami)", (as below).


Patricia Cleary, along with three of her compatriots, commenced proceedings in the Supreme Court of NSW and the following Summons was issued.  You will see from this Summons that Enmore Spiritualist Church Incorporated is named as the sixth Defendant, and was also an unrepresented party in the proceedings (see below).  You will find the full Summons and other Court documents at the top right hand corner of this site.


The church was an unrepresented party, and as you can see from the above letters from Terence Goldberg of Turner Freeman, it strongly appears that Turner Freeman did not act for the church in any fashion.

In fact, Terence Goldberg, in his affidavit of 24 November 2009, states that he acts for the plaintiffs only, and also makes several references to only act for the plaintiffs.  Terry Goldberg does not once state in his affidavit that he acts for the sixth defendant.


The main thrust of the proceedings was to invalidate the meeting of 10 September 2009 where the committee was dissolved and where Patricia Cleary lost her role as president.

Justice Bergin, Chief Judge in Equity, who presided over the hearing, declined to make the Orders sought and instead made one Order only, being:  Each party is to pay their own costs (see below for a full transcript of the proceedings).






Things take an interesting turn as on 23 July 2010, Turner Freeman filed with the Supreme Court of NSW, an Application for Assessment of Solicitor/Client Costs naming the church as a Respondent.  How can this be so?


You will see in the narrative of this Application for Assessment of Solicitor/Client Costs that Turner Freeman states that it acted for the church while also making various other claims.


You will notice below that Turner Freeman makes the direct statement that there are five Defendants.  As we have seen from the Summons above, there were six Defendants; Enmore Spiritualist Church being the sixth Defendant.


Turner Freeman makes the claim in the Application for Assessment of Solicitor/Client Costs "On 12/06/09 a committee meeting was held and a resolution passed removing Waters, Terelinck and Hemington as committee members of the Church", yet on 24 September 2009,  Terry Goldberg makes a completely contradictory statement:


You will note below that Turner Freeman states that they arranged for personal service on each of the named Defendants, yet this is at odds with an Order of the Court, dated 25 November 2009 where it states "I excuse the plaintiffs from serving the 6th defendant at this stage".


You will see below that Turner Freeman states "..when final Judgment/Orders were entered providing".  This is totally at odds with the transcript from the proceedings where her Honour makes one Order only.


You will note that Turner Freeman also makes the statements in the said Application:
  • each of the five Defendants are to deliver to Turner Freeman books of accounts, keys and any other Church property
  • each of the Defendants was permanently restrained from entering the Church premises or taking control of any property
  • each of the Defendants was restrained from calling meetings
Turner Freeman specifically states that there are five Defendants in the proceedings, ie: “each of the five Defendants”, “each of the Defendants was permanently restrained”, “each of the Defendants was restrained”.

As stated above, there were six Defendants in proceedings 2009/00291458-001; Enmore Spiritualist Church Incorporated being the sixth Defendant.

You will note that the Application for Assessment of Solicitor/Client Costs does not mention once that Enmore Spiritualist Church was in fact a Defendant.

It also states above that "11. each party is to bear its own costs".  Given that Order, how therefore did the Plaintiffs in the proceedings have their legal costs paid by the sixth Defendant?

As the Order made in the proceedings was that each party was to bear its own costs, it thereby prevented any any Plaintiff from making a financial claim against any Defendant in the same proceedings.

Why therefore did Assessor John Bartos issue a Certificate of Determination against the sixth Defendant which benefited the Plaintiffs?


You will note that the Certificate of Determination is in the amount of $124,661.90 and Turner Freeman subsequently obtained a Judgment Debt against Enmore Spiritualist Church and such was issued on 15 March 2011 (as below).


Despite the Judgment obtained against Enmore Spiritualist Church in the amount of $124,661.90, Turner Freeman subsequently claimed to be owed the sum of $185,802.62.



Further information has recently been provided to us in relation to this matter (July 2016)

On 29 May 2014, Terence Goldberg of Turner Freeman Lawyers attended a meeting of supposed creditors at the offices of Jones Partners, 189 Kent Street, Sydney.

Terry Goldberg was the only attendee at this supposed meeting of creditors.  We are told NSW Fair Trading has confirmed that Turner Freeman Lawyers was paid all moneys supposedly owing to that firm on 20 December 2012.  If, as we are informed, that Turner Freeman Lawyers was paid in 2012, then Terry Goldberg's attendance at this meeting of creditors is fraudulent.

In order for the quorum to be achieved in relation to such meeting, more than two creditors have to be in attendance.  Therefore, the meeting of creditors as held at the offices of Jones Partners, Sydney, was not valid.

See section 5.6.16(2) of the Corporations Regulations.

Terence Goldberg, in that meeting, put forward the proposal to pay Jones Partners the sum of $55,780.  As the meeting was invalid, those moneys should not have been paid to Jones Partners out of any moneys owned by Enmore Spiritualist Church Incorporated.

Find below the minutes of this supposed meeting.





We are told that both Jones Partners and Terence Goldberg have been informed of the non-validity of the above meeting.

You will note that Terence Goldberg in this meeting discusses the creation of 'the association's new trust' and that entity is to be named "The Congregation of the Enmore Spiritualist Church Incorporated".

You will also note that this new entity is based at the home address of a long time acquaintance of Terry Goldberg and that that same long time acquaintance, Mr Jon Adrian Lindsay, is the public officer of this new entity.


It was Jon Adrian Lindsay who originally put forward the motion to wind up the original association known as Enmore Spiritualist Church Incorporated.

You will see that Terence Goldberg represented Jon Lindsay in court proceedings in 2007.


We are told that NSW Fair Trading has confirmed that Turner Freeman Lawyers was paid in full on 20 December 2012 and the remaining church funds are to be passed to the entity known as The Congregation of the Enmore Spiritualist Church Incorporated, that is the same entity as discussed by Terry Goldberg of Turner Freeman Lawyers in the abovementioned unlawful meeting of creditors as held in the offices of Jones Partners on 29 May 2014.

As you can also see from the above, that new entity is based at the home address of a long time associate of Terry Goldberg, i.e. Mr Jon Lindsay.

You will also see at item 487 (below) of the Application for Assessment of Solicitor/Client Costs (as here) that Jon Lindsay acts as an 'agent' between the plaintiffs (Turner Freeman's clients) and Turner Freeman.  This is the same 'Jon' that votes to wind up the original incorporated association.  It is the same Jon at whose home address the new entity now resides.


This is also the same Jon Adrian Lindsay who was charged with the possession of child pornography and appeared in Ryde Local Court on Wednesday, 20 October 2004, as reported in the Sydney Morning Herald on 22 October 2004 (as below).

http://www.smh.com.au/articles/2004/10/21/1098316790183.html

As Turner Freeman was paid in full on 20 December 2012, this would deem Terence Goldberg's presence at the meeting of creditors as at Jones Partners, Sydney, on 29 May 2014, as unlawful.  As previously stated, Terry Goldberg was the only person present at that meeting.

As Turner Freeman was paid in full on 20 December 2012, why did Jones Partners state that the meeting as held in their office on 29 May 2014 was valid?  As you can see from the minutes as posted above, Terence Goldberg provided financial benefit to the liquidator.

We are told that the NSW Police and the office of the Attorney General of NSW have been informed of the above.

More to come...

Terry Goldberg as he appears on the Turner Freeman website
A face like a slapped arse - butter wouldn't melt in that gorgeous little mouth!

Terry Goldberg, Turner Freeman Lawyers
Level 12, 160 Sussex Street
 Sydney NSW 2000
Phone (02) 8222 3333
Fax (02) 8222 3349