Legal practioners conceal client’s CCP ties in Australian Court
Chinese State Owned Enterprises (Chinese SOEs) are able to coerce experienced court practitioners to mislead superior Courts.
- Chinese State Owned Enterprises (Chinese SOEs) are able to coerce experienced court practitioners to mislead superior Courts.
- Queen’s Counsel (QC) Penny A Neskovcin has before an Australian Court denied her client’s association with the Chinese Communist Party (CCP).
- Shaun Fraser (receiver for China Taiping) and Justice Stevenson in the Supreme Court of New South Wales acknowledge that China Taiping is a CCP controlled company in 2020.
- Penny A Neskovcin QC (acting for China Taiping) in the Supreme Court of Victoria has denied that China Taiping is a CCP controlled company.
- There are many reasons why Officers of the Court such as Penny A Neskovcin QC may conceal their client’s true Chinese Government links from the Court, and none of them are good.
China Taiping's Website
Figure 1: Screenshot of China Taiping Insurance Group Ltd’s website1.
“China Taiping Insurance Group Ltd. (hereinafter referred to as “China Taiping”) is a Chinese stateowned financial and insurance group whose management headquarters is located in Hong Kong.”
9 September 2020
Mr Shaun Fraser of McGrathNicol, representing China Taiping in Australia, on 9 September 2020 in his Affidavit before the Supreme Court of New South Wales (Proceeding No. 2020 /159644)2:
China Taiping Insurance Group
6. China Insurance Group Finance Company Limited (CIG), the plaintiff in these proceedings, and Taiping Trustees Limited (Taiping) are part of the China Taiping Insurance Group, a Chinese state-owned insurance group headquartered in Hong Kong.
7. A copy of the official webpage <http://www.tpsec.com.hk/en/profile> of Taiping Financial Holdings Co is at pages 1 to 3. The website sets out the company profile of the China Taiping Insurance Group.
14 September 2020
Mr Kingston’s Defendant’s Responsive Submissions before the Supreme Court of New South Wales (Proceeding No. 2020 /159644)3:
The plaintiff [China Insurance Group Finance Company limited] is a part of a corporate group that is owned and controlled by the Chinese government and based in Hong Kong. The defendant (Mr Kingston) is an Australian businessman, based in Melbourne.
17 September 2020
Justice Stevenson in his Judgement dated 17 September 2020 in the Supreme Court of New South Wales (Proceeding No. 2020 /159644)4 says that:
1. The plaintiff, China Insurance Group Finance Ltd (“China Insurance”), is a Chinese State-owned corporation based in Hong Kong.
15 February 2022
Mr Kingston’s Amended Defence to Further Amended Statement of Claim and Counterclaim in the Supreme Court of Victoria (S ECI 2020 03899)5.
1. [...] at all relevant times, the plaintiff [China Insurance Group Finance Company Ltd]:
(a) is and was a company within the “China Taiping Insurance Group”, a group of companies controlled by the Chinese government (China Taiping) and headquartered in Hong Kong;
PARTICULARS
In addition to the plaintiff, companies within the China Taiping group with whom the defendant [Mr Kingston] dealt included Taiping Financial Holdings Company Ltd, Taiping Trustees Ltd, Taiping Assets Management (Hong Kong) Company Ltd, Taiping Securities (HK) Co Ltd and the Australian registered office of China Taiping Insurance Holdings Co Ltd.
(b) was a licensed money lender under the Money Lenders Ordinance (Cap 163) (HK);
28 February 2022
Penny A Neskovcin QC’s Plaintiff’s Reply to Amended Defence to Further Amended Statement of Claim and Defence to Counterclaim in the Supreme Court of Victoria (S ECI 2020 03899)6.
1. As to paragraph 1 of the defence, the plaintiff [China Insurance Group Finance Company Ltd]
(a) says that it is a subsidiary of China Taiping Insurance Holdings Company Limited, a company which is headquartered in Hong Kong and whose shares are listed for quotation on the Main Board of The Hong Kong Stock Exchange;
(b) says that it is a related company of Taiping Trustees Limited;
(c) admits the allegations in paragraphs 1(b); and
(d) otherwise denies the allegations made therein
22 July 2022
Penny A Neskovcin QC’s Plaintiff's Outline Closing Submissions in the Supreme Court of Victoria (S ECI 2020 03899)7.
5. CIG [China Insurance Group Finance Company Ltd] is a financial services company domiciled in Hong Kong. It is also a licensed money lender under the Money Lenders Ordinance (Cap 164) (HK).
6. CIG is a subsidiary of Taiping Financial Holdings and a related company of Taiping Trustees. CIG, Taiping Trustees and Taiping Financial Holdings are subsidiaries of China Taiping Insurance Holdings Company Limited, a public company whose securities are listed for quotation on the Hong Kong Stock Exchange.
References
- China Taiping Insurance Group Ltd website, 9 September 2020 [Archive.org Capture on 16 February 2020] [Archive.org Capture on 9 July 2020]
- China Insurance Group Finance Company Ltd v Kingston [2020] NSWSC 1273 - Affidavit of Shaun Fraser sworn 9 September 2020, 9 September 2020 (Page 3)
- China Insurance Group Finance Company Ltd v Kingston [2020] NSWSC 1273 - Defendant’s Responsive Submissions, 17 September 2020 (Page 1)
- China Insurance Group Finance Company Ltd v Kingston [2020] NSWSC 1273 - Judgement by Justice Stevenson, 17 September 2020
- China Insurance Group Finance Company Limited v Kingston (S ECI 2020 03899) - Amended Defence to Further Amended Statement of Claim and Counterclaim, 15 February 2022 (Page 1)
- China Insurance Group Finance Company Limited v Kingston (S ECI 2020 03899) - Reply to Amended Defence to Further Amended Statement of Claim and Defence to Counterclaim, 28 February 2022 (Page 1)
- China Insurance Group Finance Company Limited v Kingston (S ECI 2020 03899) - Plaintiff's Outline Closing Submissions, 22 July 2022 (Page 8)