The Nationals MP has pleaded not guilty to five charges — three counts of using a false document, along with obtaining property by deception and attempting to obtain property by deception — relating to the 2009 sale of two farms near Cobram.
He allegedly misused the name of a former colleague's real estate agency to sell the farms, pocketing $163,900 in commission for the sale of a Boosey farm and attempting to dishonestly obtain another $105,105 from the sale of Katamatite's Pinegrove Park.
The false document charges stem from the alleged use of Andrew Gilmour Real Estate letterheads to solicitors representing the vendors in each of the sales when he was not authorised to act on behalf of that agency.
Prosecutor Susan Borg said Mr McCurdy began the sale of the properties legitimately while working for the New Zealand-owned PGG Wrightson Real Estate.
After the company shut up shop in Australia, Mr McCurdy is alleged to have completed the two sales using the real estate agency name of former PGG colleague Andrew Gilmour.
Ms Borg said Mr Gilmour only found out about the sales when he received a call from a solicitor saying one of the properties was due to settle.
After this, Ms Borg said Mr Gilmour wrote to Mr McCurdy noting the man was not and never had been an employee of Andrew Gilmour Real Estate.
Acting for Mr McCurdy, Ian Hill QC said his client was acting with Mr Gilmour's permission and approval, and there was a signed document to prove it.
“There was no dishonestly or deception,” Mr Hill said.
Pamela George, who sold her dairy farm Pinegrove Park in July 2009, told the court Mr McCurdy and Mr Gilmour had worked together to take the farm to auction in September 2008 but the property attracted no bids.
She said Mr McCurdy facilitated the sale of the farm to Chinese buyers Xing Long International in early 2009, the prosecution presenting jurors with an exclusive sales authority document that made Mr McCurdy the agent to conduct the sale.
Ms George said she believed Mr McCurdy was working for Mr Gilmour "at all times" through the sale, stating she had "no reason to believe" he did not work for the company.
She added Mr McCurdy had requested her legal representatives — Camerons Lawyers — pay commission to him directly, but the lawyers had insisted the money would need to be paid to Mr Gilmour's company.
In cross-examination, Mr Hill asserted the exclusive sales authority document was signed by Mr Gilmour on five occasions, although Ms George said she couldn't "make anything out of that scrawl".
The jury was also read a statement from Rolf Malmo, who is now dead, whose Boosey farm Mr McCurdy sold to the same Chinese buyers.
Mr Malmo's statement said he believed Mr McCurdy was working for TTRM Real Estate throughout the sale and he did not speak to any other agents. It was heard he paid TTRM $163,900 via cheque on December 23, 2009.
The trial continues.
— with AAP
12°C