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3 we up to?
11 of course is Mr Devries.
21HIS HONOUR: Have you got some headphones on - have you got
22 headphones on?
23MR JOHNSON: I'm sorry Your Honour, I forgot to take these off,
4 one where the plaintiff was living as she had long term
6 counterclaim.
13 that you constantly wish to push the case off into areas
19 the way this case has been conducted and because of the
4 who claim in the witness box that they either didn't know
7HIS HONOUR: She also had a clear recollection that you and
22 specialists - - -
29 tried time and time and time and time again to direct you
12 money again to - - -
13HIS HONOUR: Mr Johnson, I will soon have to give you your last
14 opportunity to announce - - -
21 wish to put in - - -
26 evidence.
31 present in court.
30 saying.
7 them worked through the night - did they work all through
8 the night and have three hours sleep like I did? Six
21 against them.
22HIS HONOUR: Why should she announce her course before you've
26HIS HONOUR: It's a matter for you whether you call the
27 evidence.
7 sustained.
10 that she signed any contracts, that she has a tax returns
19 the whole decade that I've known her, that's why I took
23 it's not relevant, well I can’t help it, but the simple
3 properly.
9MR JOHNSON: I'm sitting humbly waiting for an answer for what
12HIS HONOUR: Well, what's for the Court of Appeal is for the
19 warn you that whether you win or lose this case, your
13 close this trial, Your Honour, what's the process for you
14 to reopen - - -
27 sufficiently clear.
2 is not the way trial courts do work, it's not the way
9 witnesses - - -
15 As you have well understood, you have gone next, you have
29MR JOHNSON: Your Honour, you and I, with respect, do not see
31HIS HONOUR: Well, my ruling binds you in this trial. You have
4HIS HONOUR: Better people have tried than you and have come a
5 cropper.
6MR JOHNSON: Your Honour, I'm not trying to wear anybody down,
10 trial - - -
15 so.
17 Appeal - - -
18HIS HONOUR: All right, are you calling any more witnesses?
4HIS HONOUR: Well, you do that, but I'm hearing a case between
18 to you.
4 Your Honour.
5HIS HONOUR: Well, I've made rulings on that and you are bound
6 by my rulings.
7MR JOHNSON: I have done my duty to raise the issues with you,
8 Your Honour.
30(RULING FOLLOWS)
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6 wish to respond - - -
8 submission to me.
18 is in my client's favour.
23 to - - -
29 compel.
23 Honour.
4 in the case.
24 seem to me to be wrong.
8 again in court.
13 application.
16 entitled to do it.
18 application - - -
20 it.
30HIS HONOUR: The only thing is, Mr Johnson, I would give you
6 course - - -
9 that.
12 that happens.
17 The issue is though it's not the case that the evidence
19 to fail.
25 actually is an underlying - - -
22 simply - - -
24 again warned last night. Now, what are you going to do?
25MR JOHNSON: Quickly mention that you said eight things about
2 court.
5MR JOHNSON: I - - -
15MR DEVRIES: Yes, I was just going to point out, with the
18 subpoenas weren't - - -
19HIS HONOUR: I follow that, but this is a trial, I've made that
30 him - - -
3 understands that.
5 his witness if you call him. I've told you this many
16 (Short adjournment.)
18MR DEVRIES: Your Honour, can I trouble Your Honour with just a
23 in other proceedings.
29 the record - - -
2 yesterday.
6HIS HONOUR: Well, Mr Devries is still here, alive and fit and
8MR DEVRIES: And the other matter, for the sake of formality,
11HIS HONOUR: Yes, thank you for that, in fact I had noted it
15 to Mr Johnson by my instructor.
19MR JOHNSON: Yes, Your Honour, thank you, I was able in the
28 Your Honour?
5MR JOHNSON: Yes, Your Honour, they are the court copies, Your
7 with me.
10 also?
27 had not been (a) filed in court and (b) notified to the
31 counterclaim document.
5 Ms Cressy.
9 paragraphs - - -
11 refer to?
16 of - - -
18 you?
19MR JOHNSON: Yes, Your Honour. I have two cites here, one is
22MR JOHNSON: - - - 1963 ALF744, Your Honour. And the head note
26 and oppressive - - -
6 Mr Turnbull relevant?
31 very wrong with the stories you are being told. You're
4 solicitor?
13 Order 63, I think it's Part 17, Your Honour, I should get
15 present legal team and her previous legal team, and what
28 Mr Johnson - - -
2MR DEVRIES: Can I just say that the allegations, again, that
5MR DEVRIES: As for – and I need to put this on the record, I'm
13(RULING FOLLOWS)
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2 that – yes?
11MS SOFRONIOU: Your Honour has invited him at the close of the
14 call Mr Hanlon in the box and put the things that are the
17 to Your Honour.
26 counterclaimant.
14 the - - -
27 happen.
3MR JOHNSON: I - - -
12 when you want to, and when it suits you, you can
16 You will bring the same discipline to bear when you call
2MR DEVRIES: Yes, and the other matter, Your Honour, is I'm
4 waive her - - -
12 call Mr Hanlon?
16 day of - - -
22 best - - -
23HIS HONOUR: You will do your best, and in fact, you will do
26 box, please?
7 Honour.
9 roughly.
14 Werribee.
16MR JOHNSON: Thank you, Your Honour. Thank you, Your Honour.
18 that was prepared by the solicitors for the 2nd and 3rd
25 questions.
26MR JOHNSON: Thank you Your Honour. Mr Hanlon, can I refer you
8 a caveat in favour of - - -
13MR JOHNSON: Caveat No.AF066328D, it's p.19 of the 2nd and 3rd
19The date of the instrument please, would you read that to His
21The grounds of the claim, would you read that out also?---An
27The caveator, would you read to His Honour the caveator please?
4HIS HONOUR: Some have been exhibited, which one do you refer
5 to?
7 of index.
16 proceed.
28MR JOHNSON: You see that letter Mr Hanlon?---I'm not sure this
31It sounds like it's not the same letter Your Honour?
7MR JOHNSON: Yes, typed at 26 October but the 26th has been
8 hand changed - - -
11 witness.
15MR JOHNSON: Thank you Your Honour. The only copy I have to
16 hand is - - -
22 thank you.
27 communication"?---Yes.
29Would you mind reading the first two paragraphs for me?
4HIS HONOUR: I can read them, what paragraphs are you referring
5 him to?
10 six above named properties for your client and for your
31 the witness.
12 of the facsimile.
16 there?
19 so weren't - - -
22 Exhibit A but there are four - you say there were four
23 pages of attachment - - -
24MR JOHNSON: Yes, this particular copy that the 2nd and 3rd
8 assist you.
15HIS HONOUR: No, we will just retain them and we will continue.
16 Now you want to ask your witness about Exhibit 15 and you
23MR JOHNSON: Mr Hanlon, could you read the day of sale at the
25 2005.
26The date of this letter, would you remind His Honour please?
28So when the letter says Gibson Street is under contract and is
30 copy?
13MS SOFRONIOU: And I just put him on notice that I will object
22 need to put it - - -
4 that relevant?
15 Street be removed?
20 of - - -
22MR JOHNSON: Thank you Your Honour. Was that caveat removed
23 Mr Hanlon?---Yes it was.
5 or no answer.
9MR JOHNSON: Thank you Your Honour, Exhibit 22, p.19 of the 2nd
10 and 3rd defendants' court book, the one dated 9 May 2007.
13I will ask the question again. Was that caveat withdrawn from
15I will ask the question again, was that caveat removed from the
2HIS HONOUR: Yes, well I can have a copy of the exhibit list
12MR JOHNSON: Mr Hanlon, could you point out to the court please
15 caveat AF066328D - - -
17 exercise.
22 disallow it.
25HIS HONOUR: Ask the question and we will see how we go.
4 different Mr Johnson?
5MR JOHNSON: The point I'm trying to draw out is that they are
7 Honour.
11 they're identical?
17 caveator?
20 Act?
2MR JOHNSON: I may have quoted the wrong section Your Honour,
4HIS HONOUR: You may read that to Mr Hanlon and then ask him a
15Mr Hanlon, why did you sign and procure the registration of the
18 the charge.
24 I'm not sure it's relevant, but I'll allow him to answer
25 the question.
6 be lodged.
17 pleadings - - -
24 recollect - - -
28 irrelevant.
16HIS HONOUR: Well, you're now making – you are now making a
20 trial.
29MR JOHNSON: Your Honour, the other case is this case, and if I
6 morning - - -
17MR JOHNSON: Thank you Your Honour, I have my pages now back in
3 may put it that way Your Honour, is that the next step
13 Gibson Street.
21HIS HONOUR: All right, that was withdrawn, we don't need the
26 saw that the caveat was drawn and it gave me a little bit
3 to me.
6 but is argument.
22Ten pages, of the same letter though - - -?---I don't know Your
23 Honour.
3HIS HONOUR: Do you identify it, did you receive that letter?
10 course.
12 Ms Sofroniou, thanks.
31 there's a - - -
18HIS HONOUR: Good, well, you just gather your wits over
20 thanks, Mr Richards.
22LUNCHEON ADJOURNMENT
23