FOI ref: 2022/0026
26 April 2022
Ginger Midget
C/- Gene Liu
Email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Midget,
Notice of request consultation process – Freedom of information request no. 2022/0026
I refer to your request for access to documents under the
Freedom of Information Act
1982 (FOI Act) received on 31 March 2022. I am an officer authorised under section
23(1) of the FOI Act to make decisions in relation to FOI requests.
I am writing to clarify your request and advise that I intend to refuse your request on the
basis that it does not adequately identify the documents you seek. This is a “practical
refusal reason” under section 24AA(1)(b) of the FOI Act.
However, before I make a final decision, you have an opportunity to revise your request.
This is called a “request consultation process” under s 24AB of the FOI Act. You have
14 days to respond to this notice in one of the ways set out below.
Revising your request means narrowing the scope and/or explaining in more detail the
documents you wish to access. You have requested access to:
documents and correspondence related to documents which were discussed in a
meeting between ASIC investigators Glen Unicomb, Tony Wright, AllyGroup senior
consultant Joe Kouper (who may have been working as a contractor for the ATO,
ASIC or in a private capacity), Shawn Richard and Kosta Green (either as Shawn
Richard's lawyer or as a representative of Empyreal Investments or its Parent
entity).
In particular, you provided the following description of the requested documents:
#S02039572
Power point presentation for the Huntleigh Investment Fund with WGI as the
investment manager including individuals and their biographies.
S#02067156
This was described as a copy of a check written for 7.85 Million HKD for the
purchase of Trio Capital. It was shown to Shawn Richard by AllyGroup employee
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
Joe Kouper to rebut his claim that Jack Flader or Mathew Littauer funded the
transaction.
Why I intend to refuse your request
As it stands, your request does not adequately identify the documents you seek. As
explained in my previous letter, using the phrase in the subject line of your email,
“
Evidence not raised in Trio Capital cases heard by Senior Member Jan Redfern”, I have
identified the following case on the AAT’s electronic case management system which
may be relevant to your request:
Liu and Australian Securities & Investments
Commission (ASIC); case number 2013/0608; decided by Senior Member Redfern on
31 October 2014.
Before I can proceed to locate the documents you have requested,
you must confirm
whether the documents are related to the proceeding in AAT case number
2013/0608 (Liu and ASIC). If not, you must confirm to which AAT case(s) your request
relates.
Further, this case contains personal and business information that is confidential. Before
I can proceed,
you must confirm your relationship to the case – in particular,
whether you were a party to the proceeding, for example the Applicant. I
appreciate that this is private information. Therefore, you may wish to contact us directly
at xxx@xxx.xxx.xx.
If you were not a party to the
Liu and ASIC proceeding (or any other proceeding to
which your request relates), I will need to consult with the parties to invite them to make
submissions about the release of any documents containing personal information (s 27A
of the FOI Act) or business information (s 27 of the FOI Act) before I can make a
decision on whether to release the documents to you.
Request consultation process – what you need to do
Within 14 days after the day you receive this notice, you must do one of the following, in
writing:
• withdraw your request
• revise your request
• tell me that you do not wish to revise your request.
During the 14-day period, you are welcome to contact me for assistance with revising
your request. If you do not contact me or provide written notice within the 14-day period,
your FOI request will be taken to have been withdrawn under s 24AB(7) of the FOI Act.
The 30-day statutory timeframe for processing your FOI request is suspended from the
date you receive this letter, and will resume on the day you revise your request or
indicate that you do not wish to revise your request.
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If you have any questions, please contact me on 02 9391 2413 or at xxx@xxx.xxx.xx.
Yours sincerely,
Charles M
Authorised FOI Officer (APS6)
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