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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 matterís this?

 

MR MOERKERKE:  Assessment, with regards to a defamation action. 

 

HIS HONOUR:  What, thereís some suggestion I have to talk to somebody on the phone?

 

MR MOERKERKE:  Yes - - -

 

HIS HONOUR:  Well, Iím not going to do that.  If the matterís proceeding ex parte weíll need the people here in person for the trail to proceed, I think.  So you either get him here, or you donít proceed, one of the two.

 

MR MOERKERKE:  In that case, can I consult with my clients please, your Honour?

 

HIS HONOUR:  Yes.  Iíll 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.  Iíve 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 donít see how we can do that, if weíve got three plaintiffs, unless you strike out one or more of them, then I donít 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, Iím content to do that, but it just seems to me if itís merely a - I donít know anything about the matter at all, but if itís a claim for damages for defamation then we would most certainly need to have the parties here to give evidence.  Iím 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:  Itís only Tuesdays.

 

MR MOERKERKE:  Okay.  Then the problem we have is Mr Botrill wonít 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, Iíll stand the matter over generally, or whatever you choose, but I canít 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.  Youíre excused. 

 

ADJOURNED                                                                             [12.07 pm]

 


 


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