Re: TONY & DOROTHY RIGG v THE COMMONWEALTH BANK OF AUSTRALIA.

BRIEF AMENDED ON THE 6 JULY 2007. Hand delivered to Mrs. Gash's electoral office on the 9 July 2007.

Mr. and Mrs. Rigg have documentary evidence to substantiate their claims.

The Reserve Bank Act reads: it must be good for Australia and good for Australians.

The Commonwealth Bank of Australia Code of Practice states: 'We regard you, our customers as our most valued asset. As a result the Commonwealth Bank of Australia (ACN No. 123 123 124) is committed to maintaining the highest standards of ethical conduct and good banking and will strive:

TO BE FAIR 1 to 6. TO INFORM 7 to 11. TO PROVIDE CHOICE 12. TO PROTECT PRIVACY 13 to 15

TO RESPOND TO COMPLAINTS 17 to 18.

The Commonwealth Bank of Australia did not abide by the contract Mr. & Mrs. Rigg signed.

The Commonwealth Bank of Australia staff and lawyers did not abide by the Commonwealth Bank of Australia CODE OF PRACTICE although they were "officers of the Commonwealth" C/F INGLIS V THE COMMONWEALTH TRADING BANK at all material times. See Case number S186 of 2000 119 CLR334. Question 1, attached.

The RECEIVER did not abide by the Commonwealth Bank of Australia Memorandum to Mortgage T340042.

Tony and Dorothy Rigg contracted a loan from the Commonwealth Bank of Australia in 1985 to build South Nowra Building World, 158-160 Princess Highway, South Nowra. The loan was to be a Foreign Currency or Swiss Franc Loan. 

When they came to sign the contract they were advised by the Manager in Nowra a Mr. John Irwin that the cheapest way to borrow money was a 'Simulated Foreign Currency Loan with a Commercial Bill Facility'. The Commonwealth Bank of Australia Treasury held seminars in Nowra promoting the Swiss Franc Loans. The loan was for a total of $750,000. A Swiss Banker Dr. Henry Stalder has confirmed the loans did not exist and was prepared to give evidence to the banking inquiry but was not invited. The loans were created out of thin air. A comment from Dr. Stalder states 'any Australian Banker that sold swiss francs between 1984 and 1986 are nothing short of criminals and should be in jail', this is in Hansard.

The rate of interest was to be 5% to 6% on the loan. The Commonwealth Bank of Australia staff changed the account number of the partnership of A.T & D.A Rigg to the account number of their company in the name of Tony Rigg Welding & Manufacturing Pty. Limited (now in liquidation) without their knowledge or consent. These were two different legal identities. As working funds became available for payment of finished jobs to the company account the Commonwealth Bank of Australia removed most of the funds saying that it was interest, which then destroyed the cash flow of the company so the company could not trade. Mr. Rigg frequently complained as the company did not contract to borrow the money. His first complaint was July 1985, nearly four years before C.B.A. admitted their mistake. A Commonwealth Bank of Australia document in evidence states: 'advice from legal department - before litigation transfer the debt from the Riggs company to the Riggs.' The Riggs then received a letter from Mr. Don Alston the Manager of the Commonwealth Bank of Australia in Nowra in February 1989 saying 'we have made a mistake and have as of today transferred the debt to you personally and you are now responsible for the debt.' By investigation the Riggs were paying approximately 50% interest.

The Commonwealth Bank of Australia produced a Commercial Bill in the Supreme Court of New South Wales for the sum of $750,000 with Mrs. Riggs signature on the Bill. Mrs. Rigg did not sign the Commercial Bill. In the Commonwealth Bank of Australia files a document reads, the original bill for $750,000 is held at Minto, it was initialed only. How did Mrs. Riggs signature appear on the Bill? Why have the "BANK" repeatedly refused this "BILL" for forensic examination..

The Commonwealth Bank of Australia appointed a receiver to South Nowra Building World, his name was Mr. S.H. Rogers formerly of L.J. Hookers of Nowra, on an unsigned document. He took control of South Nowra Building World and all the income from the rental units. At no time did the receiver respond to the Riggs lawyers letters and the receiver admitted in the Supreme Court he took his instructions from the Commonwealth Bank of Australia and he did not maintain the goodwill of the property.

Mr. & Mrs. Rigg had no idea where the income from the property had gone. It is the duty of a receiver to act for the Mortgagor not the Mortgagee in Possession. This is part of the Commonwealth Bank Memorandum to Mortgage T340042. The Riggs had no knowledge of the Commonwealth Bank of Australia Memorandum to Mortgage T340042 until they were in litigation. Mr. Rogers with a Commonwealth Bank of Australia employee Mr. K. Scarfe served Supreme Court documents on Mrs. Rigg at their factory in South Nowra Building World. Mr. S. Rogers is not a licensed process server. Mr. & Mrs. Rigg were forced into litigation but judges struck out their subpoenas, denied them discovery of critical documents on a Notice to Produce and of course they lost. Under duress Mr. & Mrs. Rigg were forced into a settlement agreement because they were exhausted from litigation. The agreement included a public apology from them to the Commonwealth Bank of Australia staff saying 'there was no fraud' and also included the removal of the receiver Mr. S. Rogers. The public apology appeared on page 3 of the two local newspapers and a local magazine. The agreement could not go ahead as they could not meet the time frame because of the dereliction of duty by the receiver as he had not renewed the expired rental leases and the new financiers wanted all leases in place before they would proceed.

The Commonwealth Bank of Australia lawyers refused them an extension of time to get the leases in place. They were to pay the Commonwealth Bank of Australia $980,000 in two installments but as they had only contracted to borrow $750,000 five years earlier how could the debt blow out to $980,000 when they paying 50% interest and they had sold their old factory in Pitt St., North Nowra for $85,000 which they believed would come off the loan. When the Riggs were trying to settle, their former solicitor phoned Mr. Rigg and said Mr. D. Alston the Nowra C.B.A. manager had phoned demanding and additional $80,000 to settle that was after the agreement had been signed. The Riggs have written proof of this.

They were forced to sign their family home over to the Commonwealth Bank of Australia for further security. The Commonwealth Bank of Australia dishonoured their company cheques and threatened to dishonour the wages cheques for their employees. At one time the Riggs borrowed money from a private source to pay the employees wages.

The Riggs were sent a bank statement in the mail by mistake, it was in their company name Tony Rigg Welding & Manufacturing Pty. Limited No. 2 Account. They had no knowledge of this account but the Riggs company did not contract to borrow the money. Who authorised this account to be opened in their company name? There was over $40,000 in the account. The Commonwealth Bank of Australia refused to give them the money.

Mr. Rogers was again appointed the receiver of the property because the settlement agreement did not proceed and he took control of all the income from the property. The Commonwealth Bank of Australia then evicted the Riggs from their factory on an eviction notice that was three days after the court date on the notice. [OUT OF DATE] The sheriff handed the property to Mr. Rogers the receiver on instructions from the Commonwealth Bank of Australia. Mr. Rogers and Mr. Davey then approached the tenants to sign new leases with discounts for long leases. Why didn't Mr. Rogers have the leases in place before the Riggs were evicted? That was his duty. The Commonwealth Bank of Australia lawyers accepted an offer of $720,000 for South Nowra Building World, that was $260,000 less than the Riggs were going to pay them under the claimed debt of $980,000. 

The Commonwealth Bank of Australia valued South Nowra Building World in 1986 for $1.3 million.

The receiver admitted in court the purchasers were family friends and friends of the former licensee of L.J. Hookers of Nowra Mr. K.Davey and the purchasers daughter worked at the bank in Nowra, he also admitted that he did not advertise the property in any way. Mr. Rigg believes this is an admission to 'insider trading' The purchasers were Zenix Pty.Ltd.. the directors names are J & M Gray of Greenwell Point.

Mr. Rigg gave a submission to the House of Representatives Standing Committee on Finance and Public Administration (the banking inquiry) known as the Rigg Report, 4 volumes were filed, but only 334 pages were released, which was volume 13. It is said to be one of the most devestating documents ever released by Parliament.

A Commonwealth Bank of Australia manager Mr. Griffith had Mr. Rigg arrested for tresspassing on the public carpark of South Nowra Building World, on the Riggs own property. Mr. Griffith had NO authority to be on the property as the Commonwealth Bank of Australia had handed control over to Mr. Rogers and Mr. Rogers was present when Mr. Rigg was arrested.

Before the hearing the Magistrate struck out Mr. Riggs subpoenas at the request of the Commonwealth Bank of Australia's lawyer Mr. J. Lanser. 

Mr. Rigg was found guilty of a crime he did not commit. Mr. Rigg appealed the decision and had the matter stood over until the civil action had finished, that was for nine years and then the DPP overturned his conviction before the appeal was heard. His Honour said in the Nowra District Court on 28 November 2003 "WOW" Mr. Rigg it is the longest running appeal in District Court history and now the D.P.P. has dismissed the charge and His Honour said, the Magistrate was wrong.

The Commonwealth Bank of Australia then took action against the Riggs to recover the alleged debt. Once again the judges struck out their subpoenas and denied them discovery of critical documents.This is against the Evidence Act and the Federal Courts Act. They then learnt that the Commonwealth Bank of Australia had added onto the loan over $500,00 in troublesome interest and up to 25% and backdated the interest and then they added onto the loan another $500,00 in shadow ledgers and again up to 25% interest, these documents are in evidence. The shadow ledgers were signed by the Commonwealth Bank lawyer Ms. L.C. Anderson. The banks advice reads ,  'apply troublesome interest, no advice to Riggs, don't send bank statements' There is no mention of troublesome interest or shadow ledgers in Mr. Riggs submission to the Parliamentary Banking Inquiry because he did not know it existed. The Riggs do not know the true amount of interest they were paying because of being denied discovery. This means the Commonwealth Bank of Australia charged three different amounts of interest on one loan. Does this mean that the Commonwealth Bank of Australia keeps one, two or three sets of books? The interest may have been as high as 100% at one time.

The Riggs lost in court and were evicted from their home. Ms. L.C. Anderson signed the letter to the Sheriff to evict the Riggs from their family home. They believe the family home was also sold by ' insider trading' but cannot prove this because once again being denied access to critical documents. Their home was sold by Ray White Real Estate in Nowra and L. J. Hookers Rural Real Estate in Sydney. The purchasers were S & N Gould of Worrigee. After the sale their home was leased to the Commonwealth Bank of Australia. The lease reads: Tenant- the Commonwealth Bank of Australia. This has compounded the fraud and is contrary to the rule in Keech v Sandford. Mr. Rigg believes the bank no longer leases the home. 

The Commonwealth Bank of Australia valued their home at 2 Riverview Road, Nowra in 1988 for $180,000 and sold it to Gould in 2000 for $187,000. The Riggs home is in a prime position. It was a FIRE SALE. The estimated value of Mr. & Mrs. Riggs home today is $550,000 to $600,00. The bank then bankrupted the Riggs in an attempt to hide the truth, but how could they be in default. They now live below the poverty line.

Mr. Rigg was nominated as Business Person of the Year in 1985.

Mr. Rigg built a house in Singapore in 1982 with the support from the Dept of Trade now Austrade and Lysaghts and also with the support of Austrade, Lysaghts, BHP and Shoalhaven City Council and others, they had enquiries from companies in 33 countries. This is documented in the Supreme Court before Brownie A J. Today they would have been a major employer, exporter and joint venturer in the seat of Gilmore. The banks files acknowledge this support and the assistance they had in place for their company. At one time they were the biggest distributor of Lysaght Steel House Framing in Australia, a pioneer in this field and were in line for major overseas contracts. Mr. Rigg developed building systems which would have been of great benefit to the local and international market. 

It has all gone because of huge and illegal interest rates charged by the Commonwealth Bank of Australia to the Riggs company. Mr. Rigg is a builder, boilermaker, roof plumber, he taught oxy and electric welding at TAFE in Bomaderry and one of the company's apprentices topped the state two years running in roof plumbing. The Riggs company would have helped with the shortage of tradesmen in Australia. Austrade, BHP and others gave evidence supporting the Riggs in the Supreme Court. This is just a small part of the Riggs story. More is on www.real-debt-elimination.com  go to bank fraud au go to the true story of tony and dorothy rigg. Email to: whiteaglesoaring@yahoo.com  if you have problems getting to the site.

My constituents which include the Riggs, the "Commonwealth" and the Commonwealth Bank of Australia shareholders have been defrauded. What a tragedy! What has Australia lost?

I wish to table the Riggs Summary of Arguments to the High Court of Australia.

case numbers, 3 186 of 2000, S271 of 2001 with the Supplementary Material and the Commonwealth of Australia Code of Practice, the Commonwealth Bank of Australia Memorandum to Mortgage T340042, Commonwealth of Australia document to Tony Rigg Welding & Manufacturing Pty. Ltd February 1989 [no written authority], District Court document DPP V Rigg 4 July 2003 and TONY RIGG SHOALHAVEN BUSINESSPERSON OF THE YEAR AWARD 1985.

dated 16th May, 2007

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