Friday, 18 May 2012

McCracken's V's Phoenix, And the Winner is?

Hi there guys its Bazel here
The ambition for this blog, when it first began, was that it should be the starting point for discussion about the truth- the fundamental truth – which people have the right to know.
Truth can be a funny thing though…
Some people that manipulate a position of trust surround themselves with profiteers who have an inordinate amount of power over the press and legal systems….
That famous quote which states  “It is error alone that needs their support. Truth can stand by itself” doesn’t resonate as much as it should
Nothing illustrates the resilience and resourcefulness of the truth than of the story of Phoenix Constructions and the McCracken family where a blatant injustice has been made.
The McCracken's would like to set the record straight and put down in print the basic run down on what has been a very long and expensive court case that has had huge local, national and international publicity that has caused the McCracken's great pain, through misconceptions, innuendo, countless rumours and at times has also involved slander and underhanded tactics being utilised within their local home town. (It's now their turn to speak up)
(After speaking with Jarrod and Michelle and the improper circumstances that surrounded them, it makes me wonder why they still chose to call Townsville home.)
We turn the clock back to August 2004 and there had been an idea from the McCracken's in what they had envisioned was to revolutionise Townsville's famous Strand with a change to the entertainment options that were currently on offer. This was to be in the form of the now “Iconic" Watermark development.
It all started in 04 when they entered into a legal contract with Phoenix Constructions to undertake the construction of a building project. Phoenix had just completed a fairly major development similar to what was being proposed and were well placed to deal direct with the programming and logistics of the project. Through Phoenix's due diligence they had come up with a completion date for construction, with ample mechanisms in place to extend that time frame if need be.
Taking this into consideration the McCracken's gave Phoenix another two months in the contract to complete the project this gave enough float for unforeseen issues that may occur.
During the construction period it was officially documented that Phoenix had only ever asked for four days extension of time and unfortunately through their own mismanagement they were 10 months over the date for completion with no explanation given.

When you are a small development company relying on a builder to comply with an agreement and complete a project, when it goes some 10 months over and you are left carrying borrowings from a bank for tens of millions of dollars, there has to be accountability if obligations haven't been met. 'All the agreed payments' to complete the construction had been honoured by Jarrod to Phoenix for all the sub-contractors work with none of them being out of pocket.
It has to be pointed out that Phoenix received a very large builder’s fee which represented a percentage of the overall building costs, along with the preliminary costs that were in the millions of dollars that were also paid to their company.
These were amounts that were accepted by both parties not negotiated when entering into the building contract.
So in a nut shell or summary, layman's terms Phoenix got paid substantial amounts of money to complete a job within a specific time period, this did not occur and there was substantial monies lost by the McCracken’s as a consequence of their delay.

Watermark construction

Even though Phoenix were paid in upwards of 5 million dollars, they felt that the McCracken’s who had taken all the risk in the purchase and development of the property should pay their costs in the over run of the construction. Which they say was in the order of 1.4 million dollars.
A stale mate ensued and off to the courts they went with barristers at the ready. Phoenix saught  the advice of Greg Humphries of Connelly Suthers, who the McCracken’s believe took advantage of a situation to benefit themselves, when Phoenix did not have a case in the first place.
Mediation was ordered by the court , before the matter progressed to far into the legal process and the only offer that was presented was from Mr McCracken who was prepared to settle the matter and meet half way, 600k was to be paid to Mr McCracken, which was less than half what was calculated as being there real loss.
After speaking with our legal advisers, opinions were that we had extremely strong prospects in winning the case. Mr McCracken had read and understood every aspect of the documentation and was confident of his chances.

Phoenix's legal representatives as pointed out, were Connelly Suther's and their solicitor was Greg Humphries’s one of the senior partners of the firm, the McCracken's believe phoenix legal teams tactics were simple......and this is how their legal team played it....." we don't have a case and you, being Phoenix are up for huge liquidated damages within the contract so you might as well throw as much money as possible at the case to drag it out, delay it and have the McCracken's run up substantial legal bills in the meantime and put as much pressure on them even involving the media, hoping it would get to a stage that we would have had enough of the legal fight and either try to negotiate a settlement or walk away."
The media had obviously made up their minds who they thought they wanted to back well before the case even looked like getting to trial.  A mantality echoed from his younger football days where he was labelled 'Bad Boy Jarrod".
Someone had forgotten to tell them that the McCracken’s don't give up that easily in a fight and believe," Tough times don't last Tough people do."
So Phoenix's legal team took to the case, changing their plea 9 times before it could get to trial. They would also put on application after application many many times trying to slow down the process or simply trying to create agitation within the proceedings, this from our side had no effect and was treated as just another stalling tactic. (During this time frame, on the Phoenix side, there were countless circumstances that were undeniably underhanded and in very bad taste to try and discourage the McCracken’s to give up.) The McCracken’s say what went on was truly unbelievable and totally unjust.

Watermark

They finally get to trial after some 5 years and were to be heard under Justice Cullinane in the Supreme Court of Townsville, you would think that after this time period this is going to be a monumental case, consisting of numerous witnesses, expert reports etc etc. Well the morning of the trial their Barrister conveys to the McCracken's that Judge Cullinane has to disclose to us that he is a very personal friend of Mr Humphries and that Humphries’s and his personal assistant are to be married and that his Honour was to be an invited guest to their special day.
The McCracken’s response was, "this is surely a very big conflict of interest" and that the trial shouldn't go ahead and should be set aside to be heard in Brisbane or by another Supreme Court judge. Cullinane dismissed our concerns and insisted he hear the matter.
After so many years of build up the trial was such an anticlimax with the whole trial lasting all of about three hours? Jarrod, who you would think woud be an integral part of the whole process took the stand for about three questions, with no other McCracken representative to take the stand to give evidence.  They were all dismissed and the trial was over. Was this going to be a total injustice?
The McCracken’s said “We had a very strong feeling that this was going to be a huge stitch up.” The decision was handed down promptly after the trial, Phoenix had won the case. The legal fraternity had stated that, with Culliane’s judgment, if left untested it would have the effect of overturning the last 200 years of corporation’s law within Australia.
Readers should note, that Judge Cullinane retired after the case and anything that Phoenix could do to try and intervene, they tried.
Finally there was no other choice but to get the case out of Townsville and head in the Appeals Court in Brisbane, to see if their reservations were correct.
Jarrod attended the Appeals hearing and was the only non-legal representative there. Pity neither of the Phoenix directors were there to see how poorly their argument was upheld. It was such a dissolute case that there was not one example in the countless cases of law to refer to, to back up Phoenix's legal argument.

The McCracken's legal team made up of David Jackson SC, David Keane JC and Spencer Slasberg from Walsh Halligan Douglas did a fantastic job and made the other side look very substandard.

To this end the McCracken's can now be grateful that the right result has been handed down today the 18th of May and we believe justice eventually prevails.

The McCracken’s are now left to pick up the pieces and hopefully start to gain some normality back in their lives and the freezing orders placed on their companies and assets which have caused enormous grief and hardship, will now be lifted.


The McCrackens finally gained the truth that they were seeking and their case justified in the Court of Law, I'll cheers to that....

 Bazel



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Wednesday, 16 May 2012

Hell Yeah! Let's do it!

Hello my lovely’s sexy Sage here!

WOW it’s the exciting race season once again and I cannot wait to push all the fashion boundaries! Winter racing is that time of year where women get the chance to showcase their true flare and take a sneaky peek with what’s on offer with all the trends this season.


Winter racing is the perfect time of year in north Queensland with those picture perfect blue skies, stunning cool days and that delicious regional food and wine. Love love love it!!

And one event I’ve yet to experience is the Burdekin Growers Race Day- Sat May 19th! I have heard so many vivid stories about this event, one of which I read from Petticoat Lane a local vintage store who went along for the judging honours last year  Style Revelation Check it out.

One thing to keep in mind is to have some sort of itinerary. This has to be meticulously and strategically planned and can’t be misjudged or your whole race experience could be a disaster ....don’t make me tell you about my ordeal walking over 20kms in high heels (drunk as 10 skunks) back from the race course because I didn’t think a head!

My plan is as follows:

Outfit sorted- Winter racing gloves, gorgeous hat, closed in heels, a pair of sexy stockings and of course my winter colour palette a MUST!

Tickets to the big day CHECK!
With the Watermark selling me a fabulous package! $150.00 and my WHOLE DAY is coordinated by the Watermark team.
Includes:

·         Gourmet breakfast with the chefs ornate canapés

·         Exclusive bus that leaves from Watermark at 11.15am

·         I receive my free entry into the races

·         Access into the ultimate Queens Hotel Marquee

·         Finger food and a four hour beverage package for all my bubbly requirements (this does include beer and RTD’s)

·         Then a very cheeky pub crawl back to Townsville to party the night away!!

So get the girls together or boys (IF THEY MUST COME) do something a little more special for the Burdekin Race Day!

Now you have to book in advance!! The lovely Lissa from the Watermark can help you out there enquiries@watermarktownsville.com.au or phone 4724 4281

Kisses Sage x



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Thursday, 10 May 2012

Drunk on Music


G'day CocoBongo followers its Bazel here and a little bird told me that the accommodation around Townsville was left few and far between with out of towners booking months prior to the Groovin the Moo long weekend. I know I was bloody stuck in the bumper to bumper traffic Monday morning....

This epic festival was a huge success, it  boasts a massive cash injection into the Townsville economy and it seems to be growing every year

Sage couldn't WAIT to tell me about her marathon weekend. The atmosphere at Consortium hitting ridiculous levels, the club punched on with full capacity- carrying the party through three exciting nights! Their biggest weekend to date!

Level 7 started the weekend off Friday night with New Zealand international RNB artist Swiss. Also, I've been noticing quite a few of the footy players coming out to play with Friday night football bringing the St George and Cowboys players back to the club.

Jarrod McCracken called in and met his old team mates and some of the new players for a drink. Sage explained to me that Jarrod tried to justify to the boys why he was leaving at a decent hour. Jarrod had a early morning football game to attend, with his youngest son Tahnay playing in the Gordon Tallis cup. Well, by the sounds as soon as the big Del Wendel Sailor heard this all bets were off and there were no excuses! So from what I hear the boys stayed out till the wee small hours running amuck. (and yes Jarrod still managed to make his sons six games....suffering quietly so I'm told ha ha)

Congratulations guys!
(Also a big shout out to Tahnay McCracken's football team "Tigers Black under 10's" won the Gordon Tallis cup with nearly 40 teams from around the region competing for the victory. A big congratulations and a big cheer to Ryan their coach for helping them make it possible. Good on-ya boys!)

So we move on to Saturday night where Consortiums VIP lounge was the ultimate setting for Club Evolves Pink Party. The drag queens put on a spectacular show with Chanielle, Vixen and Trinity rocking the crowd all the way from Sydney. They never cease to amaze with their vivid collaborations and infectious fun. Sage said that everyone there really enjoyed themselves and can't wait for the next instalment.
Jarrod with RNB artist Swiss

(Hey and don't forget the "Queens Ball" long weekend it is a massive night and one not to be missed, this is the weekend those infamous Lady Ga Ga tickets will be drawn. So don't miss it and dress crazy it's the "QUEENS BALL")

Last but not least... it was finally Silly Sunday- GROOVE IN THE MOO!

14,000 revellers hit the festival ready to party. Only festival goers will know what I'm talking about when I say that the atmosphere down within those dirty beats gave you goose bumps! The music just seared straight through you...it was amazing stuff.

Groovin the Moo
Consortium hosted the Official Groovin the Moo After Party. Of course it soaked in perfectly with Consortium's Foam Party with upstairs hosting the VIP preview lounge for those who didn't want to get slippery!

The headlining artists were really down to earth mingling with the VIP patrons- acts like 360, Public Enemy, Hill Top Hoods and Blue Juice all at Consortium lounge upstairs. Sage (who was little monster by this stage) said all the bands and DJ's commented on how they really enjoyed the night and have Consortium firmly set in their sights for the next visit.

To be honest the venue excelled again and really stood up to its name CONSORTIUM NO 1.

Michelle, Jarrod and Management passed a message on to me.....

"Thanks to everyone who came into Consortium over this wonderful weekend and thank you to all our staff who worked so hard."

So, I hear from Sage, Michelle and Jarrod gave you all a bonus and took you all out for dinner at Cactus Saloon........hello what about me?????

Cheers Bazel








Dan Hunt St George and Tariq Sims Cowboys







Some of the Hilltop Hoods



Public Enemy and crew with local DJ Scotty


Some of the Public Enemy crew






The Consortium Team Cactus Saloon


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Friday, 4 May 2012

Mr Trump I Presume?

Hello my CocoBongo lovely’s! What's one of the fastest ways to meet Mr Donald Trump? Winning Miss Universe Australia would certainly be one of the best ways to get you there! Our Townsville local, Lucy Tuttiett will have that chance to meet Mr Trump, with his full undivided attention!

 (Just quietly, I've always wanted to have a really close look at his hair)....any way

Lucy Tuttiett is officially now a Miss Universe Australia final contestant!!!

I remember writing my first story about Lucy "Remember this name" I said. The story began with Michelle and Jarrod McCracken spotting her at Bunning's working the cash register, which started that synonymous "is she standing on a crate?" question ha ha. So with Michelle's guidance and support Lucy began her journey into modelling.



Lucy won Best Body at the Best Model Australia contest which gave her the confidence to take on the universe. I'm very happy to report that Lucy has made it through with flying colours and is now on her way to Melbourne's national final 8th of June.


Lucy said "I'm extremely excited to have made it to the final and I feel very privileged to have this wonderful opportunity"

Miss Universe Australia is a national beauty pageant that selects a representative to travel to the international final to compete for that illustrious Miss Universe crown- over seen by the man himself Donald Trump. The contest has the capabilities to swing open any door you wish, with the event one the most competitive in the world.

Past Australian winners that have made us proud include Kerry-Anne Wells in 1972; Jennifer Hawkins in 2004 and a few Townsville ladies have come close, like Rachel Finch and Jana Peterson. Now it’s Lucy's turn.


23 finalists were painstakingly chosen out of hundreds of eager ladies. 7 were handpicked for the journey to Melbourne. The judges will have an arduous task finding who has got what it takes to represent Miss Universe Australia and its going to be tough! The contestants will be under a lot of pressure- days of clever questioning, outfit scrutiny and critiques of those tiny trim physiques will be the judge's main focus.

Lucy has been overwhelmed by all her support with Hills on Hollywood lending their exquisite gowns, making sure Lucy has the very best chance taking out that ultimate crown!

Lucy said "Hills on Hollywood have been amazing; the dresses have been absolutely gorgeous, I couldn't be happier with all their fantastic support"

I was interested to know what type of questions they asked contestant’s through-out these events. Lucy said she was happily surprised she got asked about what contributions she's made to the community, because charity is a big part of her life "I've been a supporter of many charities but one I chose to chat about was the big sister program for under privileged children, where I have donated a lot my time over the past few years. The Edmund Rice Foundation through St Vincent de Paul has been a charity very close to my heart, so was something I was passionate to talk about and explain my involvement to the judges"

She has many fans already, but of course her closest supporters being her family, Lucy's sister Anna, Mum Charmian, Dad Andrew, best mate Julia Sim and Lucy's boyfriend Sean have been relentlessly cheering her on through the whole journey. It's been an amazing few years for Lucy it's hard to believe she can still fit in sport and uni through her busy schedule- Lucy is one exceptional young women!!

Below are some stunning images I hope you enjoy. We look forward to the next instalment of Lucy's adventureJ


Kisses Sage x

Ps if you would like to be a special guest and support Lucy at the Melbourne final, tickets are $295.00. Seats don’t last long so get in quick!!

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