IN THE SUPREME COURT OF WESTERN AUSTRALIA

NOTICE TO SUPER FUND INVESTORS IN REAL PROPERTY OF A HEARING DATED 26 AUGUST 2025 AT 2.15 P.M

IN RELATION TO THE DEFENDANT, A COMPANY NAMED:

ARMSTRONG WAY INVESTMENTS (WA) PTY LTD

AND THE PROPERTY AT 30A AND 30B ARMSTRONG WAY, NEWMAN IN THE STATE OF WESTERN AUSTRALIA

BACKGROUND

IN SUPREME COURT OF WESTERN AUSTRALIA CIV 1067 OF 2025, THE PLAINTIFF, A COMPANY NAMED CLAYBEK INVESTMENTS PTY LTD ACN 657 909 049 WITHDREW MONEY FROM ITS SUPERANNUATION FUND AND LOANED SIGNIFICANT MONEY TO THE DEFENDANT.  THERE WAS A DOCUMENT SIGNED BY THE PLAINTIFF AND THE DEFENDANT.  THE COURT HAS RULED THAT THE DOCUMENT GRANTED THE PLAINTIFF AN EQUITABLE CHARGE OVER THE PROPERTY AT 30A AND 30B ARMSTRONG WAY, NEWMAN (“THE PROPERTY”) WHICH IS OWNED BY THE DEFENDANT, IF THE LOAN FUNDS WERE NOT REPAID. A LINK TO THE DECISION OF THE HONOURABLE JUSTICE GETHING IS HERE: https://www.appius.com.au/armstrong/#download

BY ORDER OF THE HONOURABLE JUSTICE GETHING DATED 5 MAY 2025 THE SUPREME COURT PERMITTED THE PLAINTIFF TO SELL THE PROPERTY BY REASON OF ITS EQUITABLE CHARGE.  A LINK TO THE ORDER OF THE HONOURABLE JUSTICE GETHING MADE 5 MAY 2025 IS HERE: https://www.appius.com.au/armstrong/#download

THE COURT HAS BEEN TOLD THAT THERE ARE OTHERS WHO LOANED MONIES TO ARMSTRONG WAY INVESTMENTS PTY LTD AND WHO SIGNED DOCUMENTS THAT ARE OR MAY BE IN INDENTICAL TERMS TO THE DOCUMENT SIGNED BY CLAYBEK INVESTMENTS PTY LTD AND THEREFORE GIVE SIMILAR RIGHTS TO THE SIGNATORIES OF THE DOCUMENTS. IN PARTICULAR IF YOU HAVE SIGNED A DOCUMENT WHICH REFERS TO 30A AND 30B ARMSTRONG WAY, NEWMAN, AND YOU WERE PERMITTED TO LODGE A CAVEAT OVER THAT PROPERTY, THEN IT IS POSSIBLE THAT THE DOCUMENT GRANTS AN EQUITABLE CHARGE, A FORM OF SECURITY, OVER THE PROPERTY AT 30A AND 30B ARMSTRONG WAY NEWMAN.  THE PROPERTY IS IN THE PROCESS OF BEING SOLD. WHEN THE PROPERTY IS SOLD THE MONIES FROM THE SALE ARE TO BE TRANSFERRED TO THE TRUST ACCOUNT OF APPIUS LAWYERS, THE SOLICITORS FOR CLAYBEK INVESTMENTS PTY LTD, PENDING FURTHER ORDER BY THE HONOURABLE JUSTICE GETHING.

NOTICE

IF YOU OR YOUR COMPANY OR YOUR SUPERANNUATION FUND HAS DEALT WITH ARMSTRONG WAY INVESTMENTS (WA) PTY LTD AND HAVE A DOCUMENT THAT REFERS TO THE PROPERTY AT 30A AND 30B ARMSTRONG WAY, NEWMAN THEN YOU SHOULD TAKE STEPS TO NOTIFY THE ASSOCIATE TO THE HONOURABLE JUSTICE GETHING IN THE SUPREME COURT OF WESTERN AUSTRALIA [BY EMAIL:  [email protected]] AND SHOULD APPEAR PERSONALLY OR THROUGH YOUR APPOINTED SOLICITORS IN THE SUPREME COURT AT A DIRECTIONS HEARING BEFORE THE HONOURABLE JUSTICE GETHING ON 26 AUGUST 2025 AT 2.15 P.M. AT WHICH TIME YOU WILL BE HEARD BEFORE FURTHER ORDERS ARE MADE BY THE COURT, WHICH MAY INCLUDE MAKING YOU A PARTY TO THE ACTION.

NOTE TO APPEARANCE AT THE DIRECTIONS HEARING ON 26 AUGUST 2025

A COMPANY WHO LOANED MONIES TO ARMSTRONG WAY INVESTMENTS PTY LTD MUST APPEAR THROUGH LEGAL COUNSEL.  AN INDIVIDUAL WHO LOANED MONIES TO ARMSTRONG WAY INVESTMENTS PTY LTD MAY APPEAR WITHOUT LEGAL COUNSEL.