Nick Kudeweh asks his friends to spread his letter through social media and, of course, your Inquiry

should investigate the institutionalised lack of action through the FOS and the legal and banking sector
that reeks of wilful blindness. Here is Nick's summary:
From: Nick Kudeweh [mailto:nkudeweh@gmail.com]
Sent: Thursday, 7 May 2015 10:43 PM
To: Elliot Sgargetta
Cc: admin@lsc.vic.gov.au; Monika.Paszkiewicz@countycourt.vic.gov.au; melissa.thomas@nab.com.au;
peter.fieldhouse@nab.com.au; adam.segal@vicbar.com.au; kevin.pringle@gadens.com;
sarah.werner@supremecourt.vic.gov.au; Olivia.Bramwell@countycourt.vic.gov.au;

Toby.Hemming@countycourt.vic.gov.au; senator.dastyari@aph.gov.au;
martin.pakula@parliament.vic.gov.au; dannycole@vicbar.com.au; pjhayes@vicbar.com.au;
zappia@chancery.com.au; james.krumrey-quinn@supremecourt.vic.gov.au;
alette.rennie@supremecourt.vic.gov.au; dshirrefs@vicbar.com.au; adam.mcfarlane@police.vic.gov.au;
Konstantopoulos, Kyria; Mark Andrews; Andrew Clark (at Home); Carolyn Kurul; Joanne Tew;
linda@lindalove.com.au; office@mountainconveyancing.com.au; janai morgan; Eddie Tucker; Dayana
Mayooran; Andrew Helmy; Clark, Andrew P; andrew.foskett@momentum.com.au;
PeterPapadimitriou@nbnco.com.au; sbrun@uecomm.com.au; nelsonlifly@gmail.com;
gusfollacchio@nbnco.com.au; Mat Fletcher; Col Barrows
Subject: Re: Complaint 2015-0038 & 2015-0041

Dear Legal Services Commissioner, The Judiciary & concerned others,

I consider myself a fairly grounded individual, and one who is rather pragmatic but what I have
read from these emails is an outrage. So much so I felt compelled to write this email.
Correct me if I am wrong, but in a nutshell, NAB gave Sgargetta a formal payout notice in order
for him to payout their loan, so he could finance the purchase of a new home for his family. NAB
left it to the eve of settlement to tell Sgargetta it was a f-up and then refused to allow him to
settle.
Instead of fixing their f-up, NAB did nothing for 4 years, leaving Sgargetta to try and sort out
their f-up payout notice somehow. Then believe it or not NAB commence proceedings against
Sgargetta, because he cant obviously pay 2 mortgages, as NABs was supposed to of been
paid out.
NAB then gives Sgargetta a settlement deed to resolve their f-up and requested the very same
$299,000 amount they requested 4 years earlier to be paid. Amazing!
Sgargetta gives them the payment, almost a month before it was due and NAB turn it down, and
then shockingly try to cover it up in trial.
Melissa Thomas and Adam Segal should have their arses whopped for this conduct. Either the
Judiciary is asleep or have intentionally dodged this clear deception by these so called
professional bankers and barristers.
Commissioner, I suggest you summons the integrity to do something about this, the evidence is
embarrassing obvious and us community members and NAB clients/shareholders are appalled.
I am reminded of the classic High Court case of Toll v Alphafarm, where the nature and spirit of
a contract is everything, clearly this contract was about resolution and payment. Sgargetta
clearly gave NAB payment and therefore honored the spirit and intentions of NABs cunning
deed. What I have read NAB clearly didn't even know what their terms were for compliance,
they gave all these attempts to look reasonable but clearly they were not.
Sgargetta was just trying to buy a family home and have his wifes family near his family. This
appalling matter couldve happened to any of us.
NAB breached the Credit Code and Judge Cosgrave allowed them too, amongst everything else
he gifted to them.
This actually concerns all of us. Banks should not be allowed to verbalise payouts and then
change their minds at the last minute. Its a clear breach of the s83 code.
We know Judge Cosgrave makes whopping mistakes as the appeal court found, i.e. the

$299,000 payment was made to NAB, OPENLY!!!! It wasnt without prejudice.

Mr Segal knew that of course and decided to mislead the courts.
Other readers please assist in rallying behind this. Get on to social media, forums, blogs
whatever
Barristers for banks should not be allowed to get away with this conduct.
I recall a Judge Osborn in this matter declared he had I believe $250k in NAB shares and
refused to recuse himself from the matter, I mean that is unacceptable as well.
These are our courts not the banks! Justice needs to be served to these deceitful individuals.
The jig is up!

Yours sincerely,
Mr N Kudeweh