Beruflich Dokumente
Kultur Dokumente
CIVIL DIVISION
MELBOURNE
- and -
2 plaintiff.
3 HIS HONOUR: You are a long way away, both of you, so you have
4 to speak up.
6 defendants.
13 clients, but our real point is, well, they hadn't done
20 say whether they could take on those new parties and deal
21 with those new proposed issues and deal with the matter.
10 ahead.
26 like, phase one between Wallace and Glenn Jones, and there
27 are two phases; one was back in 2004, and the other was in
15 was Rod Wallace & Associates Pty Ltd. And then we have
20 Properties No.1.
21 HIS HONOUR: My understanding, looking at the documents, was
22 that the 250 was a maximum amount, rather than the actual
23 advance.
27 as it were.
14 the troubles are now over. You can have that company,
19 60 Mathiesons Road.
22 MR STIRLING: No.
31 proceeding.
8 weekender.
18 never paid any money either under phase one or phase two.
4 Jones and all of his companies away once and for all, and
8 say you were owed these huge slabs of money, we want them
10 cent.
15 liabilities?
24 dealing with - - -
25 MR STIRLING: So, - - -
28 MR STIRLING: Yes.
19 order and that was, if you like, okay under the deed. So
24 though, Mr Stirling.
12 they?
14 not paying you a cent for all of that", and that's under
18 we can see that Jones got no money and we can see from the
27 instructed about the fact that there was this earlier loan
8 I mean this has been going on for years, we've never heard
25 MR STIRLING: Yes.
26 MR O'CONNOR: Yes.
4 with you and I could make all the advances on her behalf.
5 MR STIRLING: Well, - - -
8 do that.
14 claimed in that - - -
18 what we've - - -
19 HIS HONOUR: And I've taken it that you really need at least
22 HIS HONOUR: But you also need Mrs Jones as the appointor,
23 don't you?
24 MR STIRLING: Yes.
9 there too", and he - not that he's running that case, he's
18 MR STIRLING: Yes.
20 MR STIRLING: Yes.
21 HIS HONOUR: Okay.
9 HIS HONOUR: Yes. Can you just deal with one issue before we
16 MR STIRLING: Yes.
18 MR STIRLING: Well, - - -
26 precede it.
31 while.
5 MR STIRLING: Court books, no. So, yes, when Your Honour said
9 it.
11 it.
18 (indistinct).
19 HIS HONOUR: Well, that's right. But if you put your house in
2 I do it on the pleadings?
24 HIS HONOUR: Well, I was going to ask you that. You are really
29 HIS HONOUR: And if she were a plaintiff you could sit back and
30 say, "We'll just abide by the order of the court, as
31 receivers".
9 HIS HONOUR: Well, it would all follow the event, wouldn't it?
16 I - - -
18 concern me?
24 briefly, Wallace - - -
27 doesn't it?
4 deed of release".
7 itself being - - -
11 could be - - -
15 HIS HONOUR: Yes. So that's why I'm saying, it's not so remote
18 isn't it?
24 - - -
25 HIS HONOUR: Can I just stop you for a moment. Anu, can you
31 HIS HONOUR: We may not be able to; I'll have to put up with it
27 MR O'CONNOR: There is - - -
28 HIS HONOUR: There is a first mortgage and that's it, isn't it?
31 (indistinct).
2 wasn't it?
3 MR O'CONNOR: No, that was done - that was done more recently.
6 as to - - -
8 MR O'CONNOR: Yes.
11 - - -
23 that effect.
27 Hodges.
2 relation to a - - -
5 previous proceedings, so - - -
6 MR STIRLING: (indistinct).
15 wait for you to come and look at it." I think that did
5 the - - -
17 clearer as to matters.
28 face - - -
2 defendants - - -
8 and that's the issue, that we can see this is not going to
12 HIS HONOUR: Yes. I wouldn't decide the issue today, but I'll
20 the issue - - -
21 HIS HONOUR: Sit down, Mr Stirling.
24 it. One was, "Are you saying there were things said at
26 documents?".
29 it necessary - - -
30 MR STIRLING: You might be able to, depending on – sometimes
3 HIS HONOUR: Yes. I'm not accepting that I can go behind the
17 isn't it?
18 MR STIRLING: Yes.
25 a matter that's - - -
31 process.
7 amendment?
13 it can be agreed.
15 couldn't agree.
16 MR STIRLING: Yes.
23 HIS HONOUR: All right. Now, what are we doing on the 14th?
2 MR STIRLING: Yes.
5 MR STIRLING: Yes.
7 through.
12 MR STIRLING: Yes.
4 reconsideration on an aside.
8 HIS HONOUR: Well, I'm just letting you know just in case you
12 MR STIRLING: Yes.
13 HIS HONOUR: Then I'm free on the 4th or the 5th because if the
15 before me.
27 HIS HONOUR: Well, there's another issue that raises from that,
10 Bank, and then she paid the Commonwealth Bank over that
14 whether that's - - -
15 HIS HONOUR: I'm not really suggesting the lawyers are privy to
16 that.
26 and - - -
6 out.
9 MR O'CONNER: Yes.
10 HIS HONOUR: But I'm not going to give up off the cuff.
19 2004 onwards.
25 time, their lawyers did know about it, but there are
2 The deed is clear on its terms. It's said that the deed
12 insurer.
17 a mistrial, so - - -
20 that when the deed was entered into, Jones was telling us
21 that all of these payments, all these advances, they were
23 payments.
27 Consulting.
28 HIS HONOUR: But doesn't that highlight the fact that you might
4 (indistinct).
23 position, then - - -
24 HIS HONOUR: You getting fresh counsel and may require further
25 time.
27 as - - -
28 HIS HONOUR: I'm not sure if it's appropriate if you draw the
4 HIS HONOUR: Well, let's keep the orders as they are with that
5 rider in as well.
6 MR STIRLING: Yes.
7 HIS HONOUR: If that's the case, then I'd require the amended
11 he?
14 position?
16 HIS HONOUR: I'm just a bit nervous about whether anybody will
18 over January. All right. We've got the 4th or the 5th
23 it the 5th, and if I'm notified by the 5th that you're out
24 of it, Mr Stirling - - -
25 MR STIRLING: Yes.
26 HIS HONOUR: - - - then we'll vacate the 14th, and I'll liaise
31 MR STIRLING: Yes.
4 yours?
20 that.
21 HIS HONOUR: Yes.
28 simply take the view that, "Well, there are the four
3 know about it, the lawyers didn't know about it, because
5 et cetera?"
11 than - - -
15 conversation.
18 HIS HONOUR: Well, hang on. You're saying, "You told us."
20 document.
21 HIS HONOUR: All right.
23 HIS HONOUR: Yes. Just out of interest, how do you get a duty
2 MR STIRLING: Yes.
4 MR O'CONNER: No.
9 about it. All right. Well, all I'm saying to you is it's
13 costs today?
23 in July.
24 MR STIRLING: Yes.
2 their mind.
3 HIS HONOUR: Yes. No, you pay the costs of today, please.
10 ways.
13 HIS HONOUR: Yes. I'm not saying anything about who bears the
14 responsibility.
16 HIS HONOUR: Well, that's a matter for you and the client.
19 All right.
22 trial.
23 HIS HONOUR: Well, what have you done to prepare for the trial?
7 book and we don't even have discovery from the other side,
8 which is - - -
11 14th.
28 HIS HONOUR: Can I verbal you? Can I assume that you haven't
2 Can I assume that you haven't dealt with that issue at the
3 moment?
8 Shilton will give that evidence and Necine will give that
9 evidence.
11 MR O'CONNER: And the only basis for saying it's not valid is
23 how many hours have you put in so far in prep for the
24 trial?
6 current outlines.
7 HIS HONOUR: I want to know what you've done that you'll have
17 be the same.
25 HIS HONOUR: All right. I'm going to be hard. I'll just order
6 document, so - - -
8 I'd be careful.
23 I raise that just for the assistance of the court and for
26 but - - -
27 HIS HONOUR: This case that I was involved in – I'm not sure if
3 on the receivers.
10 appointment.
11 MR O'CONNER: Indeed.
23 MR O'CONNER: Well, it is - - -
26 MR O'CONNER: Yes.
31 HIS HONOUR: And you might need to just deal with it in the
9 HIS HONOUR: Yes. I'm not making any comment, but it's an
10 issue.