Lawyer Ben Horne told the court documents had been subpoenaed from Westpac. Photo: File/Wikimedia commons.
Westpac Bank records have been subpoenaed in a loan dispute between two prominent Griffith identities, a civil NSW Supreme Court hearing was told on Thursday (26 September).
As Region exclusively reported, a company owned by winery boss Joe Sergi launched court action to recover $914,908 allegedly paid to local building designer Carmel La Rocca.
Ms La Rocca denies Mr Sergi is entitled to this money from her.
According to court documents, Three Corner Group Pty Ltd, of which Mr Sergi is the sole director, alleges Ms La Rocca was paid this sum of money as part of a loan advance that was intended for Mr Sergi’s company.
“The basis of this case is that there were funds taken from a settlement from a company that borrowed funds off a commercial facility,” Mr Sergi’s lawyer Ben Horne told the court.
“Those funds were directed to a place which was an account of [Ms La Rocca]. That defendant said in her defence the monies were never received.
“Westpac has produced under subpoena last Tuesday [documents] which shows those funds did go into the account, which we allege it did, and then there was a subsequent in-branch transfer, and clearly now it’s become evident to them that those funds did land there …”.
Ms La Rocca’s lawyer Romel Tallow responded to these comments.
“Registrar, forgive me, I might make a correction from [Mr Horne] on the record. I know this is probably a minor point. Just for the record, it’s not that we deny the money was received, it’s that we deny the money was retained,” he told the court.
This Supreme Court case is being contested in the civil jurisdiction.
Mr Horne sought to delay future court proceedings.
“We want until 10 October to get very specific points from [Mr Sergi] who is about 70 years of age and doesn’t use computers in Griffith … we’ve asked given counsel’s limited availability to have until 10 October [to file points] and bring the matter back [for hearing] on 17 October,” he said.
Registrar Leonie Walton’s response was blunt.
“We are not doing either of those things,” she said.
“The matter is going to go before the applications list judge to be managed the way it should’ve been initially … in accordance with the protocol.”
She set the matter down for directions on Friday 4 October. Directions is a short hearing where a judge makes decisions about the next steps of the dispute.
The sole director of the plaintiff’s company in this Supreme Court case, Joe Sergi, is also the sole director of longstanding Griffith winery Warburn Estate.
Warburn Estate’s land, plant, equipment, trademarks and cellar door were sold to another Griffith business, Meditrina Beverages Pty Ltd, in early 2024. However, Warburn remains a registered company.
Carmel La Rocca is also president of the Multicultural Council of Griffith Inc.
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