442 replies to this topic

[N/A-PWR]

 

While on the subject of banned members, is there a similar website to find sentences handed down in NSW? Like at the Newcastle District Court on October 15? (Please don't wave your magic doodle at me Neil) 

  Magic Doodles are allowed at http://www.lastcc.com

[S pack]

So both Aldo and Martin get suspended sentences. It would hardly send shivers up the spines of others who are still in the game.

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Laurie, have you read the DPP v De Santis page 2, pargraph 8?

It says there was a receipt for the sale of the Mustard XU1 that had written on it the car was an ex rally/race car that may have had partial or complete body shell, mechanical and cosmetic repair or replacement.

The purchaser signed the receipt in acknowledgement of all the terms of sale.

Maybe it's just me, but how could the purchaser not have been aware the car may have been re-shelled during it's racing career when it was written on the receipt he signed?
 

[DanWA]

While on the subject of banned members, is there a similar website to find sentences handed down in NSW? Like at the Newcastle District Court on October 15? (Please don't wave your magic doodle at me Neil) 

Skap is banned

[Shiney005]

To be fair Dave, it has been awhile since I read that, and I agree that Aldo might have been selling stuff in good faith, but that is not my point.

I would imagine that most of the mud suckers still in the re-birthing game wouldn't have read any court transcripts. All they see and hear, is that no one went to jail.

[S pack]

To be fair Dave, it has been awhile since I read that, and I agree that Aldo might have been selling stuff in good faith, but that is not my point.

I would imagine that most of the mud suckers still in the re-birthing game wouldn't have read any court transcripts. All they see and hear, is that no one went to jail.

All good Laurie.

I reckon most wouldn't care either way, they simply believe they will not be the one to get caught.

 

[Shiney005]

The ghost who walks.

[Spudit]

Hi. Little bit confused as to why there were charges and compensation paid for the mustard xu1 that was sold by Aldo when the receipt clearly stated it’s condition at time of sale eg possible re shell. Why is there a charge for this? Was he made a scapegoat because of initial publicity. What more can you do when you sell a car and he also offered more money to buy car back. Something smells here.

[GM5735]

That's a judgement summary, and not all the evidence presented.
Presumably the judgement says that altering a chassis number is deceptive conduct.

Which any reasonable person couldn't argue with.

[S pack]

That's a judgement summary, and not all the evidence presented.
Presumably the judgement says that altering a chassis number is deceptive conduct.
Which any reasonable person couldn't argue with.

I'd agree it would be deceptive conduct if you didn't disclose the fact but writing it on the receipt surely is not being deceptive? The judgement considers it was wreckless behaviour and not intentional.

[Balfizar]

While on the subject of banned members, is there a similar website to find sentences handed down in NSW? Like at the Newcastle District Court on October 15? (Please don't wave your magic doodle at me Neil) 

any chance of a link?

[skap]

While on the subject of banned members, is there a similar website to find sentences handed down in NSW? Like at the Newcastle District Court on October 15? (Please don't wave your magic doodle at me Neil) 

 

Hey Shiney,

 

I asked me legal mate.

 

Unfortunately no.  If it were supreme court, yes.

 

Apparently it can be obtained if requested by a lawyer.... You know any?

[Shiney005]

It is for a different thread I suppose, and believe me I would like to start one on the subject after going through those Vic court cases posted above.

Another forum member with more brains than I has found it. Looks like it was adjourned to this Thursday. If anybody wants to see, PM me.

[peterd]

It seems that no matter what is written there will always be those on this forum who will have their interpretation that favours the guilty. Clearly the shell was re-birthed with inner skirt number and tags before being moved on. That is a crime no matter which way you look at it. The deception was wide spread even to the family that originally raced the vehicle and assumed that because the numbers matched it was their old car. I would also say this is being very selective in what you do or do not disclosed at the time.

When early race cars where crashed beyond repair a new shell was ordered and they were re-shelled but no identifiers were transferred, point in question the Bond car in late 1973. 

I know of somebody writing down every number he could get off an XU1 at Bathurst in 2002 and when I refused to let him see under my bonnet he got most indignant. Now why do you think that was being done? perhaps to see what was still in circulation?

I am sure there will be some on here that will see nothing sinister in it  - I wonder who that may be?

[S pack]

It seems that no matter what is written there will always be those on this forum who will have their interpretation that favours the guilty. Clearly the shell was re-birthed with inner skirt number and tags before being moved on. That is a crime no matter which way you look at it. The deception was wide spread even to the family that originally raced the vehicle and assumed that because the numbers matched it was their old car. I would also say this is being very selective in what you do or do not disclosed at the time.

When early race cars where crashed beyond repair a new shell was ordered and they were re-shelled but no identifiers were transferred, point in question the Bond car in late 1973. 

I know of somebody writing down every number he could get off an XU1 at Bathurst in 2002 and when I refused to let him see under my bonnet he got most indignant. Now why do you think that was being done? perhaps to see what was still in circulation?

I am sure there will be some on here that will see nothing sinister in it  - I wonder who that may be?

Yes opinions are like a#@sholes..................................................

The police forensics must have determined the Mustard car was a reshell and I agree it is a crime to re-shell any car. I am merely working on the facts recorded in the sentencing summary whilst trying to maintain an objective unbiased approach.

I have just again read the De Santis document and I cannot find anything to suggest he was actually charged with re-shelling that car. The charge appears to only relate to the sale of the car.

I feel sure the police would have charged him with re-shelling the car if they had the slightest shred of evidence that he had done so.

The car was said to have been rallyed and raced which would most likely have been back in the 1970's so it is possible that is when it was re-shelled.

Agree Bonds XU1 was reshelled with a brand new shell which was easy to do whilst the model was still in production but people were still racing XU1's for up to five years after production had ceased.

Availability of current production replacement body shells would have dried up pretty quickly after production ended.
 

Edited by S pack, 02 November 2020 - 09:30 PM.

[peterd]

Amazing!!!  the mud slinging has started . Me thinks one doth protest too much.

 

So in your eyes was it criminal in what he did???????

You have come out and said it is a crime to re-shell any car

From what I read he was found guilty of deception in letting the victim believe the car was something it was not. Part of the reason for the light sentence was because he rolled on another person.

So now I ask who's side are you batting for 

[71xu1]

Interesting read, what I don't get is the price paid for the cars or am I missing something?

[Oversteer]

Holy crap !

 

Who is that cashed up buyer !?

 

[S pack]

Amazing!!!  the mud slinging has started . Me thinks one doth protest too much.

 

So in your eyes was it criminal in what he did???????

You have come out and said it is a crime to re-shell any car

From what I read he was found guilty of deception in letting the victim believe the car was something it was not. Part of the reason for the light sentence was because he rolled on another person.

So now I ask who's side are you batting for 

If he re-shelled the car then yes what he did was criminal, but I cannot see anything in that Judgement Summary that says he was charged with or plead guilty to re-shelling that car.

He sold a car that had been re-shelled at some point in it's life, that is all I can see from the facts presented in the summary.
 

[Spudit]

So if you can get charged for selling a car that was previously reshelled years before you bought it and you state this on a receipt,then who is liable for all the dodgey  xu1s and other collectable holdens etc that have been going through various auction houses and car yards lately that are clearly mis match and restamped engines etc and palmed off as genuine?  Another question is what happens when the pink stolen /recovered xu1 gets sold in the future with the welded in chassis number? shouldn't the number be ground off and a police number be stamped.

[yel327]

Holy crap !

 

Who is that cashed up buyer !?

 

 

I wonder if the investigation is continuing into who re-stamped the engines? I wouldn't be surprised if they are all the same person or group of persons.

[71xu1]

Maybe in the eyes of the law justice has already been served and no further investigation will occur?

Edited by 71xu1, 03 November 2020 - 08:33 AM.

[S pack]

Whilst we are at it we could also ask 'what about the cars that were re-shelled with used body shells by smash repairers on behalf of insurance companies'?

Would the last person to sell the car be liable for the re-shell if the new owner discovers the car is not what it is claimed to be?

[rexy]

Whilst we are at it we could also ask 'what about the cars that were re-shelled with used body shells by smash repairers on behalf of insurance companies'?

Would the last person to sell the car be liable for the re-shell if the new owner discovers the car is not what it is claimed to be?

Quite possibly.

Look at what happened to the old couple who sold that fake GT a few years back.