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Old 07-06-2013, 06:42   #31
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Re: Missing Lyle Hess Cutter

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Originally Posted by MarkJ View Post
Can of worms. Thanks for the real details.
One would think its a phone task of ringing every marina anf fuel stop along the coast.
+1

But it does raise the question of the poor new owner who now "owns" apparently stolen property and perhaps more importantly,who was it that has signed the transfer of the Aussie Ships Registration.

Whoever was the registered owner has complete title and unless transferred legally, still has legal title.

Yes, can of worms on many levels
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Old 07-06-2013, 06:50   #32
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Re: Missing Lyle Hess Cutter

She probably doesn't want to do it, but it sounds to me like it might be time to call the police.
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Old 07-06-2013, 07:06   #33
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Re: Missing Lyle Hess Cutter

Sounds less like a missing boat now... and more like "Hey.... Where's my $$$ for my boat you sold..."

Would love to be a fly on the wall when the new owner is informed...
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Old 07-06-2013, 10:58   #34
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Re: Missing Lyle Hess Cutter

Probably sold cheap since he had not paid for iy.Is time to call police.marc
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Old 07-06-2013, 11:07   #35
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Re: Missing Lyle Hess Cutter

I would not be surprised if this boat would turn out/be sold in SE Asia. The majority of stolen/pirated cargo ships wind up in the South China Sea (no man's land), where they get repainted and renamed with new registration papers issued.
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Old 07-06-2013, 12:11   #36
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Re: Missing Lyle Hess Cutter

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Thanks to everyone for the humorous helpful and plain I read it I care remarks
Coops I understand what you are getting at, and I am planning to elaborate.
This is the story . Jan Murray Purchased Tuska in 1989 with Australian Rego, as she had been offshore before. During the next couple of years she met Michel Griffith who it now appears sailed of with Tuska .Their relationship progressed and they also. Unexceptionable the tale involves love friendship and ultimately betrayal. A lovers Tiff No Way. Their lives have always been worlds apart Michel a shipwright and a recovered heroine addict, Jan shall we say successful. The facts are Jan owns 100% of Tuska and has given Michel the luxury of looking after her vessel while living aboard . Yes Michel may indeed deem to think he has some portion of a legal claim to Tuska that is not for us to decide but Jan or else the courts. Unfortunately when he received his last prognosis from the Tweed Heads hospital and told to get his affairs in order he appears to have done anything but that. Jan has always been more than transparent with me and I don't doubt her word for a minute. The last word I received from Jan is that she has managed to contact Michel and according to him he has sold Tuska in Queensland and is traveling north in a camper. Coops if you are traveling to Brisbane I sure would appreciate your help, as would Jan. Anyone around the Bribie Island, Tin Can, Maryborough to Harvey Bay area would also be great. Thanks guys and gals if there are any Cheers Tom
How in the world, especially Australia, with all their boating regs, could he sell a boat that he doesn't own and doesn't have the title paperwork? I guess it was cheap and someone, very naive or stupid, is going to be real pissed off when the folks come take it back. Sorry to hear this tale.
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Old 07-06-2013, 12:13   #37
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Re: Missing Lyle Hess Cutter

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She probably doesn't want to do it, but it sounds to me like it might be time to call the police.

WAY past that time IMHO.
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Old 07-06-2013, 12:32   #38
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Re: Missing Lyle Hess Cutter

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Well actually it does get worse Jan had put Tuska up for sale recently and entrusted Michel .
If she entrusted the sale to Michel, then presumably she gave him the paperwork to complete the transaction; it sounds like he had power of attorney to act on her behalf. The fact the he may have absconded with the money is the real problem now and it is a police matter. As far as the new owner goes, if the transfer of papers was completed, he is the real owner and his bit in this drama is history.
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Old 07-06-2013, 17:23   #39
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Re: Missing Lyle Hess Cutter

Can of worms is an understatement MarkJ. Due to the fact the loss was not discovered for several weeks and compounded by the geography of our coastline. There are a number of rivers but worse miles and miles of canals. Drop the mast and the Gold Coast alone may have one thousand of these homes. I have driven through some of these areas and found it hard going, due to lack of visibility. I have also tried to keep the search low key as not to alert the possible new owner ,who must have been aware that the whole transaction was to good to be true. Also I should mention Tuska required some deck work, due to leaks. If there is anew owner he may be enlisting help
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Old 07-06-2013, 17:43   #40
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Re: Missing Lyle Hess Cutter

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Originally Posted by rtbates View Post
How in the world, especially Australia, with all their boating regs, could he sell a boat that he doesn't own and doesn't have the title paperwork? I guess it was cheap and someone, very naive or stupid, is going to be real pissed off when the folks come take it back. Sorry to hear this tale.
Quote:
Originally Posted by Astrid View Post
If she entrusted the sale to Michel, then presumably she gave him the paperwork to complete the transaction; it sounds like he had power of attorney to act on her behalf. The fact the he may have absconded with the money is the real problem now and it is a police matter. As far as the new owner goes, if the transfer of papers was completed, he is the real owner and his bit in this drama is history.
If the boat is found then Astrid's take on the matter will be the crucial point. If Michel has been the appointed ship's agent by Jan under the Shipping Act, then he has the right (and obligation) to transfer the title to the new owner in Jan's absence. If the title was correctly transferred, the new owner is in the clear.

What Michel did with the money is a different matter and I suspect Michel will be a lot harder to find than the boat.

Quote:
Originally Posted by auscruisertom View Post
Can of worms is an understatement MarkJ. Due to the fact the loss was not discovered for several weeks and compounded by the geography of our coastline. There are a number of rivers but worse miles and miles of canals. Drop the mast and the Gold Coast alone may have one thousand of these homes. I have driven through some of these areas and found it hard going, due to lack of visibility. I have also tried to keep the search low key as not to alert the possible new owner ,who must have been aware that the whole transaction was to good to be true. Also I should mention Tuska required some deck work, due to leaks. If there is anew owner he may be enlisting help
.

The ownership thing can be easily cleared up by the present players. Ask Jan who she appointed as ships agent. If it was Michel, then a quick call to AMSA for a search of the title will tell you who is the legal owner.

If it Jan, then keep looking for boat; if now someone else, forget looking for boat, she doesn't have a legal title for it any longer unless she can prove improper transfer occurred - and that will also be a messy process
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Old 07-06-2013, 17:49   #41
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Re: Missing Lyle Hess Cutter

Quote:
Originally Posted by Astrid View Post
If she entrusted the sale to Michel, then presumably she gave him the paperwork to complete the transaction; it sounds like he had power of attorney to act on her behalf. The fact the he may have absconded with the money is the real problem now and it is a police matter. As far as the new owner goes, if the transfer of papers was completed, he is the real owner and his bit in this drama is history.
No Michel did not have a power of attorney, he may have just build up a history of ownership by association. Jan owns 100% of Tuska and has the legal right to board her vessel armed with paperwork and crew and take possession. I don't normally crew but here 's hoping .
Astrid you live in a very beautiful part of the world, where exactly are you at?
I used to live and sail out of Port Hardy Vancouver Island.
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Old 07-06-2013, 17:54   #42
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Re: Missing Lyle Hess Cutter

Something is not right here. As of the 4th June, shipping register lists a "Tuska" with a official number of 85170 with a home port of Hobart but not yet registered. Year of completion is 1985.

This doesn't quite match details already posted by the OP

See http://www.amsa.gov.au/Shipping_Regi...ps/Page_70.asp
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Old 07-06-2013, 17:57   #43
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Re: Missing Lyle Hess Cutter

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Originally Posted by auscruisertom View Post
No Michel did not have a power of attorney,.......
Who was / is nominated the ships agent (not the ships owner) on the AMSA records?
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Old 07-06-2013, 18:17   #44
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Re: Missing Lyle Hess Cutter

Lovers?

Does Australia have common law marriage and community property?
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Old 07-06-2013, 19:26   #45
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Re: Missing Lyle Hess Cutter

Irrelevant. Common law marriage laws in Australia don't automatically assign the rights of ownership of property, they have to be awarded by a court.

I feel for this person. In my case I left a BMW 750i with a friend in Melbourne when I went north to seek work. He offered to buy the vehicle but didn't ever make a payment, then sold it some three months later. It took me another 12 months to get the truth out of him, which he finally admitted after I threatened legal action. The police regard it as a civil matter because the vehicle had no registration and I don't have the papers any longer.

The above case is clearer though. The boat is nationally registered and has been owned by the same person for a very long time. She'll get it back, but the money's gone and as far as I can see is unrecoverable. The buyer may be well out of pocket here.
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