Wednesday, October 19, 2011
Khani pays 2 Debts After Caveats Lodged on Some Of His Land
Readers of this site will be aware of how very hard it has proved for many creditors,usually sole tradesmen, to get their money off Mr Khani.
Just tracking him down to serve him can be very difficult.
His own Solicitors Gunson Williams needed to sue him to get paid.
That sum included the cost of sending the letter shown earlier on this site threatening a Defamation action. (Presumably Gunson Williams now join Chris Boland Lawyers and Abetz Curtis as his ex-Solicitors)
The Tribunal decision in Ali Youssef v Khani reported that in trying to get money off Mr Youssef, Mr Khani:-
-flung himself on the ground,
-knelt on the floor,moving up and down in a begging motion,and
-shouted obscenities about Allah and Mohammed.
The Kingston family,owners of Hobart Bin Hire received their Court Judgment against Mr Khani for $2,841in the first half of 2010 but there was still no payment so their Solicitors registered the Judgement by Caveat over several of his properties on June 25th 2010.
Even that brought no solution with Khani finally paying up and the Caveat being withdrawn on April 15th this year. Court Fees on the Summons,Service and Judgement would have been over $150 as would legal costs, bringing the sum to over $3,150.
Then are the $106 fee on filing a Caveat, the legal costs of doing so, the $85 fee to Withdraw a Caveat and likely associated legal costs. There would also be interest on the Judgement. So it likely cost Mr Khani over $3,500 all up.
Many people who drove down Bathurst St in 2009-10 will have noticed the Bin sitting outside No.161 half full for month after month. At about $3,500 it might make a Guinness record as the mostly costly bin hire ever.
In May 2009 the Hobart City Council issued a Complaint against Mr Khani in respect of illegal Building at 178 Brisbane St. In July 2009 the HCC issued Complaints re illegal building work at 44 Bay Rd New Town and 161 Bathurst St.
Many Court appearances followed.
Mr Khani obtained adjournments for many and varied reasons - he needed time to obtain a lawyer,he was ill,etc. On at least one occasion he didn’t appear but sent a message that he was injured.
On one such “injured” day he was seen within the half hour with a bandaged thumb both conducting business at the Council office & driving a vehicle…fast.
On several occasions he screamed out at spectators in the Court, ranted on uncontrollably and ignored and frustrated attempts by Magistrates to control proceedings.
Eventually he pleaded Guilty on 15.7.10 and was fined (only) $400 on each Complaint. However the Council obtained Orders for their Legal Costs to be assessed.
Then the consequences to Mr Khani of his actions were brought home to him. On 10.11.10 the Council costs against Mr Khani were taxed (assessed) by the Court at $1,620,$895.87 and $1,216.06 respectively.
Surprise, surprise but Mr Khani did not pay any of this total of $3,731.93.
After other efforts failed the Council also entered a Caveat over most of his properties.
This was on 28.3.2011.There were then 2 caveats over these properties.
Eventually the Council was paid also and it’s Caveat withdrawn on 27.6.11. With Caveat fees, legal costs and interest that sum had swelled to well over $4,000.
It’s not currently known what are the claimed HCC Legal Costs for the 4 Complaints of Building Breaches to which he pleaded Guilty before Magistrate Rheinberger in late May,or whether they’ve yet been assessed. At one of those Hearings a Warrant for his Arrest was issued following his non appearance. Watch this space.
A copy of the HCC caveat and of the Title to 33 Marlborough St with Caveats registered appear below. You’ll see that it lists all his Mortgagees. For anybody interested (such as Bailiffs and debt collectors) the Title Certificate No.’s listed refer respectively to:-
44 Bay Rd,New Town
33 Marlborough St,Sandy Bay
159 Bathurst St
157 Bathurst St
161 Bathurst St
102 Harrington St, and
395-401 Elizabeth St [possibly soon to be on the market]
The absence from the list of 178 Brisbane St (C.T.26360/1) is because whilst the Council referred to him as “Mehrab- Khani (aka Mehrab Khani)” they apparently didn’t appreciate that he has bought other properties such as 178 Brisbane St using just the surname Khani.
178 Brisbane St is unlikely to be sold anytime soon as Mr Khani has both chopped off part of the front fence of 176 Brisbane St and built his fence pillar upon it and built the boundary fence 5cm into 176.
Any Real Estate Agent acting to sell 178 will be so advised and will face the need to comply with S.196 of the Property Agents and Land Transactions Act 2005, which reads:
Anybody seeking to enforce a debt by Registering a charge over any of the several vehicles that Mr Khani uses will find that he’s put the recent ones in his wife’s name [no prize for guessing why].
However you’ll find that Holden Rodeo FN5014 is in his name and can conveniently be levied against.
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