Any reference to CASACIR or its directors, shareholders, owners or operators relates to pre-14 February 2024 when the company was sold. In no way can anything said relate to the company or its new owners, operators, directors, and shareholders after that sale.
Man X, man Y and CASACIR claimed I had said in my former website that they had “an arrogant disregard for the people who live in the area of its quarry”[1]. They then claimed (also as absolute fact) to the Supreme Court of Victoria that “Casacir does not [and therefore man X and man Y do not] have an arrogant disregard for the people who live in the area of the quarry”.
What I actually said in my former website was “From everything that has happened, it seems to me that Casacir and the authorities have what could be perceived as an arrogant disregard for the people who live in this area, and it appears that all else is put aside in deference to ‘might is right’”. If you look at my page on “Collusion”, you will see that I had a valid case for saying what I did when I expressed what was clearly my personal opinion.
Just to clarify though, the following are just some of the ways that man X, man Y and CASACIR have revealed what I call “an arrogant disregard for the people who live in this area”:
- man X, man Y and CASACIR ignored others’ pre-existing legislated rights[2] and asserted their own later rights as law;
- man X, man Y and CASACIR illegally diverted the flow of Kookaburra Creek without any need to do so and without any authorisation to do so, and it is my opinion that they did it in order to impact us so we would move away given that we had the power to stop the quarry if we remained there;
- man X, man Y and CASACIR, having diverted our water without the legal right or authorisation to do so, then refused to restore it until we took legal action against them (and even then we had to threaten further legal action to make them restore it[3]) – but it didn’t matter to them that they had seriously impacted us, and as said, they needed to have us sell up and move away if the quarry was to continue past stage 1;
- man X, man Y and CASACIR stated their full intended to destroy the spring which fed Kookaburra Creek, the waterway we relied on for our water for cattle, they also stated their intention to destroy the aquifers and upper catchment which fed Kookaburra Creek, and they also stated their intention to destroy the flow of Kookaburra Creek in spite of signing a terms of settlement document stating that they would never again interfere with the flow – but it didn’t matter to them that (1) they had committed fraud by signing the document when (a) they had no intention of complying with it in the long-term and (b) in order to get out of the legal action, (2) they would seriously impact us, and (3) would do so against the law and against our strong and repeated objections because they needed us to sell[4] and move;
- man X, man Y and CASACIR stated their intention of taking what had been the clean clear spring water (prior to their pollution of it) which had flowed through our property and upon which we relied, and replacing it with quarry wastewater and drainage, known to be polluted by (amongst other pollutants) hydrocarbons, dust and Ecoli, but they absolutely didn’t care that we ardently refused to accept this replacement because they intended to force it upon us if we didn’t sell up and move;
- man X, man Y and CASACIR claimed that they would operate a closed system that focussed on recycle and re-use. In contradiction to those claims, it was not a closed system and could not be a closed system given the topography of the site – but it didn’t matter to them that they allowed their pollutants to impact others (especially us), as well as waterways (including allowing their pollutants to flow into Kookaburra Creek and into the Latrobe River);
- man X, man Y and CASACIR failed to take water quality assessments prior to works commencing. Instead, they polluted Kookaburra Creek, 2 other waterways, and 2 dams. This pollution was by way of dust, hydrocarbons, Ecoli, and other pollutants – then they used those polluted levels as the “control” or “background” levels against with to ascertain if they had further polluted the waterways (or groundwater) – but it didn’t matter to them that they had seriously impacted others, including us;
- man X, man Y and CASACIR did not take any air quality readings prior to commencing works , in spite of the law being very clear that they had to take measurements for 12 months prior to commencing such works; and they used up to double the air pollution they were “allowed” – but it didn’t matter to them that they had seriously impacted others, especially us;
- man X, man Y and CASACIR allowed drivers to drive (including with full loads) over double lines, as well as around blind corners and over crests of hills on the wrong side of the road – but it didn’t matter to them that they were allowing dangerous driving and risking the possibility of accidents to others;
- man X, man Y and CASACIR allowed excessive noise (well above and beyond the level allowed) on frequent occasions and failed to take action to stop it – but it didn’t matter to them that they had seriously impacted others, especially us;
- man X, man Y and CASACIR gave undertakings that they either had no intention of following through on, or couldn’t follow through on. One such undertaking was to only use a specific drill undertaken at VCAT to be used for all drilling, but failed to use that drill or any other silenced drill, for many months – but it didn’t matter to them that they had seriously impacted others by the excessive noise, especially us;
- man X, man Y and CASACIR’s quarry’s noise, air pollution and water impacts meant that our property lost an acknowledged value loss of 21%[5], but man X, man Y and CASACIR did not care about that;
- man X, man Y and CASACIR each either presented, or admitted to having approved the presenting of, written and verbal false testimony in the Victorian Civil administrative Tribunal (VCAT), and they did so in order to avoid the impacts of the enforcement action we had ben forced to take against them, and they not only did not care about the impacts on us[6], they deliberately tried to drive costs against us as high as they possibly could by claiming costs that had absolutely nothing to do with the action we had taken against them, and by duplicating items;
- man X, man Y and CASACIR provided deliberately fraudulent content as absolute and unassailable fact in documents to the Supreme Court of Victoria and took actions against me which they knew they were never going to take to prosecution, but were made in order to bully, intimidate and harass me into removing my former website (which they succeeded in doing), and, as a result of their fraudulent claims and their false testimony (see the next point), they won hundreds of thousands of dollars from me and made me insolvent;
- man X and man Y lied under oath in the Supreme Court of Victoria and the Federal Circuit Court of Australia in order to avoid repercussions for their conduct (including, but not limited to, the above), and not only did not care about the impacts on me, but actively sought to drive me bankrupt (which they have succeeded in doing, and they intend to drive me bankrupt again when I am out of the current bankruptcy).
I don’t know about you, but the above, together with the rest of their conduct, says to me that they do have an arrogant disregard for others – but that is just my opinion based on being personally on the other side from them.
[1] Their paragraphs 19 & 28 of their statement of claims dated 29 November 2011, 20 February 2012 and 2 Mach 2012.
[2] Man X and man Y did not buy the relevant property until 2006, while others bought in the area many years earlier – for example, we bought our property in 2002.
[3] See my page on “Fraud” to see how they deliberately committed fraud when signing a document in order to get out of going to trial when they knew they had no intention of complying with the document in either the short-term or the long-term.
[4] That is, to sell to someone else (if we could find a buyer) because man X, man Y and CASACIR has shown that they were not going to buy our property unless we virtually gave it to them. We did eventually sell for the loss of hundreds of thousands of dollars.
[5] That loss was acknowledged by the council valuer
[6] They won because they lied, again