NORTHERN cattle producer and Richmond Mayor John Wharton has vowed to remain at Runnymede Station, Richmond, locking gates and hiring a security guard to protect his assets from receivers while he continues the fight to have a "fair go" in court.
As previously reported in Queensland Country Life, Mr Wharton is at the centre of a receivership wrangle with BankWest and receivers, KordaMentha, sent to take control of his family holdings at Richmond and Einasleigh.
Contrary to some reports that Mr Wharton and his family were this week moving off Runnymede Station under the instructions of KordaMentha, he said they're not going anywhere.
Mr Wharton has appointed Kerry Smith Douglas Lawyers to represent him and said he had received advice to install a security guard at Runnymede to protect his assets.
"The lawyers we've got now can see what's going on and are taking it to them," he said. "We locked our gates a long time ago. We have got trespass signs up and we're trying to send the pirates back to the Caribbean.
"We're not asking for anything here that people shouldn't be entitled to - and that's a fair day in court to have your say.
"They (the bank and receivers) come and rip the guts out of your business and then you can't fight back.
"We've locked down and stopped them selling our ability to service our debt in the future, which is our cattle."
Mr Wharton said receivers had tried to take cattle from Runnymede in April, but he and his lawyers had prevented the stock movement.
"The receivers came in here on April 19 with the police. I don't know why they brought the police out here - they tell me the police were there to keep the peace. Well, we're not violent people, so I see that as an intimidation tactic," he said. "I tried to sit and talk with KordaMentha in Townsville in November last year, and their words to me were, 'We'll have Runnymede sold and the cattle all sold before Christmas'.
"Now the same guys have rung me today and want to sit down and talk to me about the receivership and how we're going and what we're doing."
Kerry Smith Douglas Lawyers legal practice director David McIlwraith said they were instructing counsel Pamela Wilson, and receiving advice from Lister Harrison QC, who has handled similar cases to Mr Wharton's.
"John is trying to stop them or restrain them from moving on his property - whether it be his cattle or his property - and that's on the basis that he hasn't been allowed proper representation on a substantial legal argument against the appointment of a receiver, and the misleading, deceptive conduct of BankWest in overcapitalising his property," Mr McIlwraith said.
"What's happening to John is unfair and unjust and lacking any empathy to the backbone of our country.
"Kerry Smith has got a reputation of fighting very hard for the underdog against oppression, and John feels he's found someone who can fight for him.
"Somebody has to stand up and fight.
"The most serious indictment is that if you've got a criminal problem and your life were falling apart, you'll get legal aid, but there's no legal funding to support people when they can't pay their mortgage and interest."
Mr McIlwraith said Mr Wharton's case could either go back to the Supreme Court, or possibly on to the Federal Court of Australia.
He said what was happening to Mr Wharton was the result of not only "inept" lending practices, but the inability of the government to provide grassroots business development support. He said poor political leadership and the ramifications of decisions like stopping live cattle exports in 2011 had compounded problems for many.
"There are many we're dealing with like this across Australia involving primary producers and people who are being trapped into a cycle to not meet their mortgage commitments, basically through misleading conduct on behalf of the lender," Mr McIlwraith said.
He said there needed to be "a call to unity across rural Australia" to look at options for producers to diversify, work together and strategise rural development. "There's no strategic planning happening by government, and that's why a call to unity would help," he said.
"In places I've been in Papua New Guinea, for example, every district has got access to business development officers that will help. We don't have that here, and this country is letting people like John Wharton fall over because of the bullying of banks and inept government strategic planning. What we need to do is hold some public forums and look at diversification."
"I think that's a call for people interested to look at stopping what the banks are doing and develop a diversified business strategy through co-operative practices."
