Classic car claim rejected
Supreme Court points to contradictions in evidence
A CAIRNS woman’s bid to declare ownership over a classic car has been labelled inappropriate and dismissed in the Cairns Supreme Court.
A court previously ordered that the car in question – a 1966 Ford Mustang convertible – be handed over to Cairns produce business Simon George and Son as part of almost $2.3 million in compen- sation after its branch manager was found guilty of a $1.6 million fraud.
Anthony Francis McEwan had committed the fraud over 10 years using the money to buy 10 American classic cars, including the Mustang, and other things.
However Paulette Ryan, MrEwan’s ex-partner, claims to own the vehicle and made an application for declarations that she is entitled to the vehicle and that Simon George and Son was not.
Justice James Henry pointed out a number of contradictions regarding the evidence.
McEwan’s defence filed in February 2014 admitted the stolen money had been used to buy classic cars, including the Mustang, but in a sworn affi- davit he said Ms Ryan was the vehicle’s owner and that he had only paid registration and insurance costs because he received a discount.
Ms Ryan claims she traded her Chevrolet Bel Air with a woman for the Mustang in about December 2010. She had also been in a relationship with McEwan during this time.
“One of the oddities of Ms Ryan’s claim to ownership of the Mustang is that she was bankrupt between July 21, 2010 and July 23, 2013, yet she was in that era allegedly able to acquire the Mustang by swapping her Chevrolet for it when bankrupt,” Justice Henry said.
Neither vehicle was mentioned as being owned by her in a state of affairs document dated July 8, 2010.
“There is a substantial dispute of fact as to whether Ms Ryan is the owner of the vehicle making it inappropriate for this proceeding to have been started by application,” Justice Henry said.
Justice Henry dismissed the part application seeking declarations, but said he would hear parties regarding other orders and costs.