$3.6M LAWSUIT
WILL THE WRECKER BACK IN COURT
JOSEPH “Will the Wrecker” Smith has lodged a multimillion-dollar lawsuit against his former solicitor, claiming the lawyer negligently allowed now-deceased Meter Maids boss Michael Yarwood to receive his money.
The claim, seeking $3,635,512.50 in damages or equitable compensation, was lodged in the Brisbane Supreme Court this month and alleges Mr Smith’s former solicitor David Alan Evans breached his duty to act with skill and care to his client.
Mr Evans’ lawyer said his client intended to defend the proceedings.
Mr Smith’s statement of claim alleges a number of examples of alleged negligence, including some during the deals for resumption contracts relating to the 83-yearold’s wrecking yard, which was acquired by the State Government as part of the M1 extension at West Burleigh.
Mr Smith says in the claim that he retained Mr Evans in October 2015 to assist him with “all matters associated with the conveyance and licensing” of his wrecking yard. The reclusive millionaire claims Mr Yarwood cost him $3,653,512.50 and this loss came as a result of Mr Evans’ alleged failure as a solicitor.
The claim states almost $2 million in payments from the State of Queensland were paid directly to Mr Yarwood, without Mr Smith’s instruction to do so.
Mr Smith also alleges Mr Yarwood also provided letters to Mr Evans asking him to pay money out of his trust account and funds were released to Mr Yarwood, in conflict with his position as a power of attorney.
He claims Mr Evans failed in his duty to act in the best interests of his client, by failing to identify Mr Yarwood’s history of dishonesty when he was appointed as Mr Smith’s power of attorney.
In 2011, Mr Yarwood was jailed for more than four years after pleading guilty to $236,227 fraud, involving clients’ stamp duty.
He served nine months actual custody and was struck off as a lawyer in 2015.
“Yarwood’s conviction and sentence were notorious among solicitors on the Gold Coast, where the defendant had practised and continues to practise,” the claim states.
It later says: “A reasonable solicitor knowing the Yarwood repute matters, or knowing that Yarwood was acting in conflict transactions as attorney for the solicitors client, or knowing both, would not have acted in the manner described …”
The claim alleges Mr Evans had also previously worked with Mr Yarwood.
Mr Smith alleges because of Mr Evans’ negligent conduct he was unable to revoke the power of attorney before the payments were made to Mr Yarwood.
Mr Smith has previously alleged Mr Yarwood mismanaged $5 million of his money.
The pair were in a bitter legal battle over the running of Miami Motors when Mr Yarwood was found dead in his Main Beach apartment in July last year. His death was not suspicious and came shortly after the Brisbane Supreme Court ordered he pay Mr Smith $1.65 million.
Chris Garlick, chief executive officer of the Civil & Criminal Australia Private Detective Agency Pty Ltd, confirmed he had been leading investigations for Mr Smith regarding Mr Yarwood.
“So far assets have been recovered for Will Smith from misappropriated funds, such as Fu Manchu Restaurant on Chevron Island, many motor vehicles and money has been traced to close family of Yarwood as well as close associates,” Mr Garlick said.
“It is expected that more litigation shall be filed with the courts in the next few weeks to start recovering those monies and the assets where the money landed.”