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TRANSCRIPT OF PROCEEDINGS
MAGISTRATES COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
MR M. SOMES, MAGISTRATE
CS No 52752 of 2005
STEPHEN KING & ORS
and
DYSON ALFRED DEVINE & ORS
CANBERRA
10.23 AM, TUESDAY, 14 NOVEMBER 2006
MR MOERKERKE: Moerkerke, J, for the Plaintiffs, your Honour.
HIS HONOUR: Yes. What sort of matter’s this?
MR MOERKERKE: Assessment, with regards to a defamation action.
HIS HONOUR: What, there’s some suggestion I have to talk to somebody on the phone?
MR MOERKERKE: Yes - - -
HIS HONOUR: Well, I’m not going to do that. If the matter’s proceeding ex parte we’ll need the people here in person for the trail to proceed, I think. So you either get him here, or you don’t proceed, one of the two.
MR MOERKERKE: In that case, can I consult with my clients please, your Honour?
HIS HONOUR: Yes. I’ll leave the matter in the list then.
MR MOERKERKE: Thank you.
SHORT ADJOURNMENT [10.24 am]
RESUMED [12.05 pm]
HIS HONOUR: Mr Moerkerke.
MR MOERKERKE: Yes, your Honour. I’ve taken instructions from the clients and we are under the difficulty that one of my clients who was resident in Turkey has coincided with - Mr Botrill has coincided his return to Australia so that he could attend today. Mr King is still unable to attend, but we would seek, of course, leave to continue without his presence.
HIS HONOUR: I don’t see how we can do that, if we’ve got three plaintiffs, unless you strike out one or more of them, then I don’t see how I can usefully proceed in the absence of one of them.
MR MOERKERKE: The other option would be a fairly lengthy adjournment.
HIS HONOUR: Well, I’m content to do that, but it just seems to me if it’s merely a - I don’t know anything about the matter at all, but if it’s a claim for damages for defamation then we would most certainly need to have the parties here to give evidence. I’m content to stand it over generally and it can be restored when you think you are ready to proceed with it again.
MR MOERKERKE: Can I just take instructions on that for a second? Thank you. Is there any possibility that it could be adjourned until tomorrow?
HIS HONOUR: No.
MR MOERKERKE: No.
HIS HONOUR: It’s only Tuesdays.
MR MOERKERKE: Okay. Then the problem we have is Mr Botrill won’t be back in Australia for at least nine months - - -
HIS HONOUR: Well, as I say, he brings these proceedings, he has to cope with our problems here, so - - -
MR MOERKERKE: Yes.
HIS HONOUR: As I say, I’ll stand the matter over generally, or whatever you choose, but I can’t do anything else.
MR MOERKERKE: Okay. Well, in that case, it will need to be stood over generally.
HIS HONOUR: All right. The application is stood over generally. Liberty to restore on 7 days notice by any of the parties. Yes, thank you. You’re excused.
ADJOURNED [12.07 pm]