Beruflich Dokumente
Kultur Dokumente
3MR DEVRIES: Your Honour given that we've started early it may
6HIS HONOUR: Yes, you think it's more prudent that I wait, I
9 the other side of that door and the clock on this side of
13HIS HONOUR: Yes, I'm sorry about that. Well what I think I'll
20 called.
25 (Short adjournment.)
27 Your Honour.
6 he did.
19 p.1603 at Line 5.
21MR DEVRIES: That was actually Mr Johnson who said, "I would
22 not have given that evidence because I did not sign it."
25 of the - - -
21 either.
24HIS HONOUR: No, and I don't think you would have and the - and
29 Is that right?
24 for each client, and therefore if she did that work, she
25 she didn't do this, she did this. But I'll deal with
8MR DEVRIES: Yes, Your Honour. Your Honour, with respect, has
16 as to her contributions.
5HIS HONOUR: Yes, I'll just see if I've got a copy of it. I
9 denies that - - -
17MR DEVRIES: Starting at Line 20, Your Honour, "Is that your
27 been one and the same for", and I interrupt, "No, no,
31 affairs.
15 did it".
20 yes." And over the page Your Honour had asked him a
30 made about truth being like the tide, which I'll take
30 Exhibit.
2 minute.
8 Pippin and her two boys. Throughout the nine years they
5 year period - - -
7MR DEVRIES: Sorry Your Honour. Whilst we're on the nine year
10 relationship was.
20 that two years had to end within two years of the issuing
26MR DEVRIES: It's not, with respect, Your Honour, it's not
23HIS HONOUR: So - - -
28 degree of attachment.
31 my client.
11 investing policy.
24 either.
24 Illyana.
29 sought to have those two boys reside with him and under
10 Honour - - -
23HIS HONOUR: What were the – there were some – I think he's
25 of His Honour's orders. How did they get into that part
28HIS HONOUR: You've got your court book there, it's at p.80.
31 was done - - -
21 he had - - -
22HIS HONOUR: No, I don't think I've noticed one and then I
25 discovery order.
30 the listing would have made such a broader order had she
6 didn't turn up - - -
14 interlocutory steps.
21 he's gone.
29 unworkable.
30MR DEVRIES: I think that was part of it. I might say that
6 and it's one sentence: "I would allow you to amend your
31HIS HONOUR: Yes, that's right, I told him I would only accept
11 amendment.
24MR DEVRIES: Another thing that was in his address but was the
2MR DEVRIES: Nor was there any evidence about Mr Cochrane from
6MR DEVRIES: He did, but that was during the course of saying
13HIS HONOUR: Here it is, p.442. That page reference may not be
16 that part.
20 Cochrane, who I did not know at the time but there was
25 sorry.
28 was not a good life for her and you can imagine the flow
18 Your Honour."
20MR DEVRIES: I'm now over the page at p.549, line 2. "Now,
25 for about three years whilst she was living under my roof
28 Your Honour."
3HIS HONOUR: Not put to your client and in the end of the day
10HIS HONOUR: He'd followed her home, stalked her, and whilst
15MR DEVRIES: Yes. She was - Mr Cochrane, her and others were
25 issues with the fact that he was – she was his daughter
28 his – of him and his daughter and went beyond that and I
11 from the truth, Your Honour. She certainly said that she
22 1724 that there was evidence in the Family Court that had
9MR DEVRIES: And, it does say a great deal for him, Your
12MR DEVRIES: And, it's the plaintiff's case that that was a
15 and could meet the mortgage payments but also worked well
25 stage.
26 It's not her case and I don't believe it ever has been
30 towards - - -
2HIS HONOUR: That's all she said, in fact I think she very
8MR DEVRIES: Yes, and she was consistent in that and she said
10 for that and her evidence was that either he told her or
17 not have done that without her help and therefore her
19 as his.
22 that in a second.
20 being dealt with head on, the proper issues, that could
20 them.
22 Mark.
4HIS HONOUR: And I spray them around to you, but they're some
10 times to try and pull out and extract the points that
17 raising.
21 evidence.
27MR DEVRIES: Your Honour just bear with me for one moment, just
9 instructions.
11MR DEVRIES: And his explanation for not calling her was hard
18 he'd given in that respect and I'm not sure Your Honour
23HIS HONOUR: Yes, but he'd - the real point is that it seems to
27 of that affidavit.
29HIS HONOUR: That was part of his explanation, the other was
31MR DEVRIES: I was going to come to the high tide, low tide
11 the boys, or – not quite those words but that was the
26 is his child.
28 it? That's - - -
4 14 September 2007. I - - -
6MR DEVRIES: And, for the same hearing date obviously and in
7 the same - - -
28 recall, I should say, that she gave evidence that they had
29 a break from January 1999 to May 1999 but she did give
12MR DEVRIES: And my client gave evidence that there was some
14 One was Ms Love and one was – I can't remember the lady's
16 the time of the break that she says occurred just before
23HIS HONOUR: I think I've got that too, I'll just check. I've
29 number was wrong and he said, "It's not number five but
30 it's number 12 that you lived at" and she more or less
10 application.
13 document - - -
14HIS HONOUR: It's the same spelling - it's not the same
17MR DEVRIES: Yes, it's got a "v" there or what could be taken
18 to be a "v".
23 Mr Johnson - - -
24HIS HONOUR: Yes, you put that in counter don't you really?
27 birth of Illyana?
12HIS HONOUR: She didn't seem to answer - I'd asked him who'd
19 Street.
29 too fast.
31MR DEVRIES: If Your Honour will turn over the page you will
7MR DEVRIES: Yes, I will take you to it. I think that might be
11 misspelt.
16 Exhibit K.
19 permit.
21 Your Honour.
31 Yes, I've got that. Yes, it's the same number but it
3 of it.
4MR DEVRIES: I think you deny that it ever had Illouera and we
6 sticker.
7HIS HONOUR: But the real point you are making, in any event,
23 Illouera Grove.
31 how many years and how many months and he's just put the
3 man who was very precise about what he did and everything
8 here.
10 sorry, 1G.
14 doing it.
20HIS HONOUR: Yes, look I'll do that, it's probably a good idea.
21 (Short Adjournment)
12 thanks, Mr Turnbull?
13MR DEVRIES: I have looked the thing on the – the dyno tape on
15HIS HONOUR: Well that also, that says Point Cook, Dorrington
16 Street.
24HIS HONOUR: Yes. Now, that comes from this document too,
25 does it?
2 no - - -
6MR DEVRIES: And she's clearly given evidence that she did,
12MR DEVRIES: Where he concedes that the gentleman who rides the
14 relationship.
17MR DEVRIES: Yes. And that puts another two and a quarter
21 years, in my submission - - -
26 address.
5MR DEVRIES: Yes, Your Honour. Your Honour, could I just have
23 to Sutton Johnson.
26 when he stepped back into the box and took the liberty to
16 paying utilities.
18 Street.
23 do for a solicitor.
28HIS HONOUR: Yes, I agree with that. Now, I diverted you. You
30 something.
17 Cook house."
10 Line 16, "The short answer is yes, yes you did refer to
21 that far". I might point out Your Honour that even his
26 mean.
3 Cressy Sutton.
4HIS HONOUR: What was that, was that that exhibit you were
5 referring to?
8MR DEVRIES: H.
22 licence.
20 and what you have been putting to this court. Can you
22 that you have put to this court, what you have put to
26 court?"
5 goes on: "If it was untruthful would you have sworn it?"
11 on oath."
14 desorption, you can put the truth at its strong suit, put
17 didn't.
23 submissions.
29 27: "That was the point I was making, that the truth can
2 Your Honour."
4 line 11, p.923: "The second point was about the original
14 area."
16 Your Honour can draw the inference that if she had been
22 did indirectly try to play the card well I'm the lawyer
5 inherently inaccurate.
13 client's evidence.
9 submit is that - - -
12 Easter.
14HIS HONOUR: When that fell through he went away with one of
4 the end of 1998 and April, May or June 2007. There was a
12 provided her and the family and her mother with extensive
17 dependence or inter-dependence.
22 saying that's the end of it, you should look at the legal
26 Act.
29 accepts.
9 Fabrikant afterwards.
18MR DEVRIES: Yes, yes. I can't sort of cut time short and then
25 have been one principal homemaker and parent and that was
2 court orders that prevent him having that and doing that.
3HIS HONOUR: But, your real evidence – your real point is, if
7MR DEVRIES: Yes and she says because he was out working long
18 to work.
22 the man - - -
26MR DEVRIES: I - - -
3 day - - -
5MR DEVRIES: The same the day before that – it's undeniably
11HIS HONOUR: Yes, well I've detained you in that digression but
21 be going - - -
25 thanks.
26LUNCHEON ADJOURNMENT
27