Writ seeks ‘miss­ing’ cat­tle

Countryman - - FRONT PAGE - Neale Prior and Cally Dupe

live­stock trad­ing com­pany is de­mand­ing ac­cess to neigh­bour­ing Murchi­son sta­tions to get hold of more than 700 head of cat­tle it claims to own.

Live­stock Trad­ing WA Pty Ltd has claimed in a Supreme Court writ that 115 cat­tle trans­ported by Wheat­belt-based com­pany South­ern Star did not ar­rive at Milly Milly and Beringarra sta­tions.

Live­stock Trad­ing also claims an­other 612 head it bought in March last year had been con­verted — an agri­cul­tural term com­monly re­fer­ring to chang­ing of live­stock ear tags.

Live­stock Trad­ing, which is listed as be­ing run by In­naloo-based busi­ness­man Paul Wil­liams, is su­ing the own­ers of the two sta­tions and a re­lated com­pany.

Milly Milly and Beringarra are jointly owned by Chi­nese-owned Senghoo Aus­tralia and by Wheat­belt-based Feysville Pty Ltd.

Feysville and the Chi­nese in­ter­ests ac­quired the Milly Milly and Beringarra leases from Milly Milly Pas­toral Com­pany Pty Ltd in a $1.4 mil­lion-plus se­ries of trans­ac­tions in 2016 and 2017.

Mr Wil­liams’ Live­stock Trad­ing is now su­ing Senghoo Aus­tralia, South­ern Star and Feysville over the cat­tle.

Live­stock Trad­ing is seek­ing dam­ages, com­pen­sa­tion, and costs from the Chi­nese-owned com­pany and the two re­lated Wheat­bel­tern based en­ti­ties. Live­stock Trad­ing claims South­ern Star did not hon­our an agree­ment it had with prop­erty in­vestor Per­daman Cap­i­tal’s agri­cul­ture arm to de­liver 115 cat­tle to Milly Milly and Beringarra.

The writ said Per­daman Agri­cul­ture had “ac­quired” 115 cat­tle from South­ern Star and they were then as­signed to Live­stock Trad­ing on Fe­bru­ary 19 last year.

Live­stock Trad­ing al­leges SouthA Star was “obliged” to trans­port the Per­daman cat­tle from a Cun­derdin feed­lot to Milly Milly and Beringarra sta­tions.

How­ever, Live­stock Trad­ing claims South­ern Star breached the con­tract in “var­i­ous” ways and did not de­liver the cat­tle.

The writ says Live­stock Trad­ing also pur­chased 135 head of cat­tle lo­cated on the Murchi­son sta­tions from South­ern Star on March 22

last year. And in a third deal de­scribed in the writ as the Min­da­roo sale, Live­stock Trad­ing al­leges it bought a fur­ther 477 head of cat­tle that were de­liv­ered to the sta­tion on March 29 and March 30 last year.

Live­stock Trad­ing claims it had an agree­ment with Feysville and Senghoo to keep its cat­tle at the sta­tions un­til it de­cided to move them.

Live­stock Trad­ing claims the agree­ment also in­cluded “un­re­stricted ac­cess to the sta­tions in ad­vance” to move the cat­tle to a des­ti­na­tion of its choos­ing.

How­ever, South­ern Star al­legedly did not de­liver the ini­tial 115 head of cat­tle to the sta­tion.

Live­stock Trad­ing claims cat­tle had been con­verted and it has suf­fered loss and dam­age be­cause of the al­leged non-com­pli­ance of South­ern Star, Feysville and Senghoo Aus­tralia with de­mands for the cat­tle to be de­liv­ered.

The Wil­liams-di­rected com­pany makes an al­ter­na­tive claim that its right to pos­ses­sion of the cat­tle had been im­paired or in­ter­fered with.

It is seek­ing an in­junc­tion for un­re­stricted ac­cess to the sta­tions to get the cat­tle back.

Live­stock Trad­ing wants an in­junc­tion pre­vent­ing the three com­pa­nies and their re­spec­tive “ser­vants, agents and em­ploy­ees” from im­pair­ing or in­ter­fer­ing with it gain­ing ac­cess to its cat­tle and deal­ing with them.

Aus­tralian Se­cu­ri­ties and In­vest­ments Com­mis­sion also list the di­rec­tors of Feysville and Senghoo as also be­ing di­rec­tors of the feed­lot com­pany Senghoo Water­car­rin Beef Pty Ltd.

Landgate records show Feysville owns land at Water­car­rin, near Cun­derdin.

The Supreme Court writ does not iden­tify the Cun­derdin feed­lot where the 115 Per­daman were orig­i­nally lo­cated.

Milly Milly, Beringarra and an un­named feed­lot in Cun­derdin are listed on a web­site for in­vest­ment pro­mo­tion and mi­gra­tion so­lu­tions op­er­a­tion Next Hori­zon Group.

Next Hori­zon’s web­site lists Milly Milly sta­tion and Beringarra as hav­ing 1000 head of cat­tle and rev­enue of $790,000.

Next Hori­zon Group could not be con­tacted, nor could the di­rec­tors of Feysville and Senghoo Aus­tralia.

Per­daman de­clined to com­ment, but con­firmed it had the sold the cat­tle in Fe­bru­ary last year.

Coun­try­man un­der­stands Per­daman has no con­nec­tion to the dis­pute.

Cat­tle pic­tured at Milly Milly sta­tion in 2010.

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