Terzini Motore Melbourne, closed? | Page 9 | FerrariChat

Terzini Motore Melbourne, closed?

Discussion in 'Australia' started by arthur bishop, May 9, 2015.

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  1. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    TBA
     
  2. Steve355F1

    Steve355F1 F1 World Champ Owner Silver Subscribed

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    Wow.

    Don't mix business with friendships, hey?
     
  3. daytonaman

    daytonaman Formula Junior

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    Best news I've had in years.
    And more charges to come !!
     
  4. PAP 348

    PAP 348 Ten Time F1 World Champ Lifetime Rossa Owner

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    I have removed details and edited posts in this thread.

    Please contact PP if you require anymore details in regards to this.
     
  5. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    What?
    Why did you do that?
     
  6. Aircon

    Aircon Ten Time F1 World Champ BANNED

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  7. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    lol check the comment :)

    [ame]http://www.youtube.com/watch?v=bumE7uAgqLg&app[/ame]
     
  8. Rosey

    Rosey F1 Rookie

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    Where did your back story, court report link go Peter??
     
  9. SPEEDCORE

    SPEEDCORE Four Time F1 World Champ

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    why ?
     
  10. PAP 348

    PAP 348 Ten Time F1 World Champ Lifetime Rossa Owner

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    I removed the link Mark, PP can send you the link via PM if you like.
     
  11. PAP 348

    PAP 348 Ten Time F1 World Champ Lifetime Rossa Owner

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    Why not? :D
     
  12. SPEEDCORE

    SPEEDCORE Four Time F1 World Champ

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    Freedom of Speech?
     
  13. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    Thanks! Exactly. Public domain information now.
     
  14. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    Ok, I've explained the legalities to pap... So....

    Sandro Terzini and the Ferrari 250PF

    This criminal matter was heard in the Victorian County Court over August and September 2016 and over the many weeks.

    The main players in this case were Sandro Terzini and his business Terzini Motore Aust, Michael Kudelda and Duttons Garage (represented by George Nakas and Jeff Dutton)

    The accusation was that Sandro sold Michael's Ferrari 250PF to Duttons without the knowledge or consent of Michael and that Sandro kept the money.

    Sandro started working on Ferraris when he got a job with the infamous Joe Viola. When Viola and his then wife were killed in a car accident, Viola's first wife, Alfie, took control of the business and employed Sandro to finish the projects that Viola had unfinished. That gave Sandro the creds and leg up he needed to establish himself as a Ferrari mechanic and soon after started his own business. He and Michael went into some sort of partnership and became friends at around that time. I believe it was the mid 1990s. Michael's involvement in the business only lasted a couple of years, but the friendship lasted until 2014. Sandro attended Michael's wedding in Greece and his wedding celebration dinner here in Melbourne. They spoke often and at length throughout their friendship via phone, emails, texts and whatsapp.

    In about 1996 Michael bought the 250PF from Duttons. Michael has had some magnificent and significant cars over the years, not only Ferraris. Soon after purchasing the 250PF, the car developed a gearbox problem. Michael took the car back to Duttons expecting that they would repair the car at their expense and under warranty. Of course warranty in Victoria only applies to cars less than 10 years old, but when Dutton denied Michael's claim, Michael was unhappy and he and Dutton fell out over this, Dutton said.

    In the late 1990s Michael moved to Greece. Michael's house in Narbethong was later destroyed in bush fires. A couple of cars were destroyed there, but luckily some cars were at Sandro's. From that time on, he kept some cars stored at Sandro's, including the 250PF.

    Apart from his workshop, Sandro had a warehouse that he kept cars at which were incapacitated due to being in various stages of repair or restoration. This is where, according to Michael, the 250PF was stored for years. Whilst Michael had many regular visits to Australia and Sandro's workshop, he rarely or never saw the cars that were stored in the warehouse. Apparently he only drove this car a handful of times in his almost 20 years of ownership.

    Sandro had a lucrative side business of putting people together in the buying and selling of cars, and being paid a commission on each sale. Evidence was given of many times that Sandro would receive an offer on a car, take that offer to the owner of the car and, if agreeable, would facilitate the sale. Sometimes the owner and prospective purchaser would talk directly, other times only paperwork was exchanged, with the buyer and seller never meeting or talking. Despite Sandro's claim, there was no evidence to support anything other than money was transferred directly from the purchaser to the owner with previous sales. In fact, previous sales of Michael's cars facilitated by Sandro always ended up with Michael talking to the prospective purchaser and the money being transferred directly into a bank account owned or controlled by Michael. Evidence was given by another Ferrari owner of similar deals with Sandro as the middle man.

    Evidence was given that demonstrated that Michael decided to sell the 250PF in about 2007-2008, and he wanted $500,000.00. Sandro told Michael on numerous occasions that he thought that price was a bit steep.
    Duttons claims that they started negotiating the purchase of the 250PF with Sandro in about January 2013. Duttons claimed that they probably made contact every month regarding the car. Every time they made an offer, Sandro said he'd check with Michael. The answer was always "No" until a deal was struck in June 2013 in the amount of $465,000 plus $10,000 commission for Sandro. Sandro sent Duttons two invoices on Terzini Motore letterheads, one for the $465,000 and one for the $10,000.

    Dutton carried out the usual PPSR check and found no claims against the car. They paid the money directly into the Terzini Motore bank account in the first week of July 2013. Before this transfer of funds from Duttons, Sandro's business account had an overdraft of a few thousand dollars. The money for the 250PF was immediately taken out of the Terzini Motore bank account and deposited into Sandro's private account to assist him in the settling of a property he'd bought in Dromana. Duttons are not accused of any wrong doing.

    They knew that Michael and Sandro were very good friends going back 20 years and that the car was stored at Sandro's. Sandro told them that he was representing Michael and had authority to sell.
    Upon purchase, Sandro delivered the 250PF to the Duttons showroom where they immediately put it on display. Within a couple of days, Barry Fitzgerald, a well known collector of cars and petrol head, showed some interest in the car which was offered to him for $635,000, but he called Sandro who told him what Duttons had paid. He said in court that he felt that that sort of profit margin was excessive and didn't buy the car. 3 weeks after purchasing the car, Duttons sold it to Greg LaManna for $550,000, who used it for a Carburettor run and displayed it at Motorclassica and the Ferrari Club Australia Concours. A little less than a year after buying the 250PF, Greg sold if back to Duttons for $875,000 in 2014. By this time, prices of significant Ferraris had started to increase dramatically.

    Michael claims that he was unaware that his car had been sold. In mid 2014 Michael started negotiating with DK Engineering in the U.K. for the sale of this 250PF. This was over a year after Duttons had bought the car from Sandro. DK Engineering's offer was, according to Michael, $AUS1.8m. He informed Sandro of this and asked Sandro to send him a photo of the numero interni which is a number stamped on the engine or gearbox casing. Evidence on exactly what that number is was contradictory. Michael had to nag Sandro for quite some time before a photo of that number was sent to Michael. By this stage, Dutton was again in possession of the car, and Sandro got them to take the photo which Sandro them emailed to Michael to help his negotiations with DK Engineering and to prove authenticity of the car.

    Sandro told Michael it would be a shame for this car to leave Australia, as all the good cars were being sold overseas and would probably never make it back here. Sandro suggested to Michael that he might be able to find a buyer locally. Michael agreed, but it would have to be for that same amount of $1.8m, to a person with the right bona fides and that it had to be a one off payment, not a 'payment plan'.

    At some point after that conversation about selling the car in Australia to stop it leaving the country, Sandro informed Michael that he'd found a buyer, Barry Fitzgerald, at $1.8m. Sandro told Michael that he'd received a deposit of $275,000. Michael was surprised that the deposit went into Sandro's account, according to an email tendered as evidence, and wondered why Sandro didn't immediately send it to him. Michael sent Sandro a bill of sale for the car, which included bank account details. Sandro said he told Michael that the deposit money had got tangled up with personal finances and the refinancing of some mortgages, but that the banks were sorting it out.

    After a delay, Sandro sent Michael $109,000 with the rest to follow at a later date. After a few weeks Michael started to become agitated regarding how long settlement of the balance of the purchase price of the car was taking. Sandro told him that Barry Fitzgerald had money invested in a 30 day term deposit and would be released on the maturing of that, as well Sandro had organised a letter of authenticity from Ferrari and bought a tool roll from Howard Pigdon, the cost of which came out of Sandro's pocket. Howard says, informally on ferrarichat.com, that Sandro never paid him for it.

    During a visit to Australia during this time, Michael and Sandro were having lunch. Michael was nagging Sandro about settlement of the 250PF and claims that Sandro called Barry Fitzgerald's son and was told final payment would be made on Friday. After that, Michael found out that the 250PF was being advertised on the internet internationally by Duttons. He called Duttons about this and was informed, he says for the first time, that they'd bought the car from Sandro over 1 year earlier. Michael went to Duttons to claim his car, but was refused entry. Barry Fitzgerald said, in evidence, that he never spoke to Sandro about buying that 250PF in 2014 and that apart from a passing interest in 2013 when Duttons had first bought it, he hadn't considered it again.

    Sandro claims that Michael knew and gave him authority to sell that car to Duttons. Sandro said that Michael had seller's remorse for selling too early before the prices rose dramatically, and that Michael was trying to extort money from Sandro in the amount of what he could have sold the car for over a year later. Sandro claimed that even though he agreed in principle to pay a total of $1.5m to compensate Michael, this was because he felt like he had a gun to his head as Michael had concocted this whole very convincing story and was threatening to go to the police, and not because he was trying to make amends for his wrongdoing. The supposed $275,000 deposit from Barry Fitzgerald was referred to in emails and other documentation between Sandro and Michael. Sandro claimed that this referred to $200,000 he owed Michael for the sale of the 250PF in 2013, plus an interest charge of $75,000 and had nothing to do with any deposit from Barry Fitzgerald.

    Noteworthy evidence came from Shannons Insurance. They showed documents that demonstrated that, over the years, Michael had his cars insured with them, and that as he bought and sold them, cars were either added to or removed from the policy. The 250PF was never removed and is, in fact, still insured with them to this day.

    Another interesting piece of information that was NOT presented as evidence to the jury, but was argued, was that Duttons was funding Sandro's defence.

    On the 12th September 2016, the jury found Sandro guilty of all charges which were, in layman terms, theft and obtaining money by deception. There are other court appearances coming soon for other issues.
     
    Last edited by a moderator: Sep 13, 2016
  15. greg246

    greg246 Two Time F1 World Champ Owner Silver Subscribed

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    PAP348 = WORST MOD EVER
     
  16. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    Second worst
     
  17. Horse

    Horse Three Time F1 World Champ Owner Silver Subscribed

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    I thought moretti had been a mod?
     
  18. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    Moderetti.... Ahhhh the good old days
     
  19. greg246

    greg246 Two Time F1 World Champ Owner Silver Subscribed

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    Yeah, sorry Pap, you're still **** though :p

    Moretti used to hose everyone down ;)
     
  20. moretti

    moretti Five Time F1 World Champ Lifetime Rossa Owner

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    Hey !!

    Let me be tops at something, even if it is being the biggest KK mod :p
     
  21. Nintendo64

    Nintendo64 Formula Junior

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    I am glad too.

    Its totally criminal what S/T did , he also deserve a good spanking.

    Now, not only is he a jail bound official "criminal", he is also shown to be plain old dumb, how the hell did he think he could get away with this, what was going on in his head?

    Obvious trading in cars was easier than doing a honest days work getting your hands dirty working on them, was he at least a decent mechanic?

    Somebody along the line is going to burn big money, in theory it should be pending jail-boy, will have to sell his house, and that will just cover his legal fees

    Duttons will have to return the car, and also burn money

    The only "winner" is the actual owner, car returned [we hope] and a continued rise in its value from when this started.

    Maurice Duchini [Brents] did a similar rort a few years ago, and Mantons too.
     
  22. Aircon

    Aircon Ten Time F1 World Champ BANNED

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    Ya think?
     
  23. Nintendo64

    Nintendo64 Formula Junior

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  24. daytonaman

    daytonaman Formula Junior

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    Already sold his house and police put a hold on funds as proceeds of crime.
    His legal fees were covered by Duttons.

    As PP has said already all this is just the tip of the iceberg.

    Many other cars missing and or traded illegally.
     
  25. daytonaman

    daytonaman Formula Junior

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    how the hell did he think he could get away with this, what was going on in his head?

    Easy

    financial phsycopath
     

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