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AFFIDAVIT OF HAROLD JAMES JOHNSON

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE


COMMERCIAL AND EQUITY DIVISION Court No. 9263/08

BETWEEN

TRUST COMPANY FIDUCIARY SERVICES Plaintiff


LIMITED (FORMERLY KNOWN AS
PERMANENT TRUSTEE COMPANY LIMITED)
ACN 000 000 993

and

HAROLD JAMES JOHNSON Defendant


(by original proceeding)

AND BETWEEN

HAROLD JAMES JOHNSON Plaintiff by Counterclaim

and

PIPPIN PATRICIA CRESSY and others First, Second, Third, Fourth,


according to the Schedule Fifth, Sixth Seventh, Eighth,
Ninth, Tenth, Eleventh,
Twelfth and Thirteenth
Defendants by Counterclaim

______________________________________________________________________________

Date of Document: 2 October 2009 Solicitor’s Code: 10181


Filed on behalf of:
The Defendant, Harold James Johnson
Prepared by: Telephone: 03 9279 3932
Harold James Johnson Facsimile: 03 9279 3955
1st Floor Ref: HJJ/PC/VSC2
141 Osborne Street
South Yarra Victoria 3141

I, HAROLD JAMES JOHNSON of 1st Floor 141 Osborne Street South Yarra in the State of Victoria,
make oath and say/affirm:

1. I refer to my Affidavit in these proceedings sworn by me earlier today of 30 pages ('Narrative


Affidavit'). The purpose of this Affidavit is to supply by way of exhibits, true copies of the
relevant correspondences and other documents referred to in my Narrative Affidavit.

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2. I refer to my allegations contained in paragraphs 1 and 2 of my Narrative Affidavit and say
that my submissions faxed to the parties on 24 September 2009 and 1 October 2009 contain
true copies of the newpaper reports, and extracts from the Victorian State Ombudsman's
Annual Report for 2009 that substantiate my allegations.
3. I refer to my allegations contained in paragraph 3 of my Narrative Affidavit and refer to my 2
page credentials document and the psychologists report by Ms Maryanne Love (of
December 2007) and the psychologist report by Mr Michael Clairbrough (of Mjay 2008) as
tendered and accepted in evidence before Justice Kaye at trial of proceedings number 9665
of 2007 and as have been re-tendered as exhibits (amongst the evidence exhibited in these
proceedings 9263 of 2009 pursuant to my Affidavit herein of 1 June 2009) and say that my
credentials document and these two psychologist reports and all of the other evidence and
materials exhibited to my 1 June 2009 Affidavit substantiate my allegations.
4. I refer to paragraphs 9 and 10 of my Narrative Affidavit and say that now produced and
shown to me and marked “LSC-HJJ-001” are true copies of the Law Institute's letter to me
dated 7 March 2008 and 6 March 2008 my letter of 5 March 2008 to the Law Institute and
including copies of my letters to Harwood Andrews of 5 March 2008, 5 March 2008 and 25
October 2008 and 18 February 2008.
5. I refer to paragraph 11 of my Narrative Affidavit and say that now produced and shown to me
and marked “LSC-HJJ-002” is a true copy of a facsimile from the Legal Services
Commissioner dated 6 May 2009 that includes a copy of the Legal Services Commisioner's
Summons of 16 April 2009 (handed to me in Her Honour Associate Justice Daly's Courtroom
on 17 April 2009), a copy of the Affidavit in Support of that Summons dated 16 April 2009 and
her exhibits thereto and 'un-expunged versions' of the Legal Services Commissioner's letters
to me of 31 March 2008 and 10 May 2008, both of which include erroneous statements of
law and foolish direcctions based on her view that the 1993 decision in Delahunty v Howell
and Mann has supremecy over the obvious words of section 6.3.2(a) of the 2004 Legal
Practice Act.
6. I refer to pargagraphs 12(a) and (c) of my Narrative Affidavit and say that now produced and
shown to me and marked “LSC-HJJ-003” are true copies of the unreported decision of Gray
J in Delahunty v Howell and Mann and the reported decision of Senior Member Howell in
Alashakshir v Lennon Mazzeo Lawyers (Legal Practice).
7. I refer to paragraph 14 of my Narrative Affidavit as I cannot presently locate a copy of my 2
December 2008 written submission, which I have previously quoted and referred to in these

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proceedings before Her Honour Associate Justice Daly and say that the hunt for this
continues.
8. I refer to paragraph 15 of my Narrative Affidavit and say that my section 35 Notice under the
Victorian Charter of Human Rights and Responsiblities Act contains as part of
Attachment D a true and correct copy of the psychiatrist report prepared by Dr Entwistle and
say that my wait continues for Ms Marles (in one or both or all of her personalities as Legal
Services Commissioner, chief executive of the Legal Services Board or whatever) to provide
me with a copy of the psychiatrist report prepared by Dr Buchanan in May of this year.
9. I refer to paragraph 21 of my Narrative Affidavit and say that now produced and shown to me
and marked “LSC-HJJ-004” are true copies of extracts of transcript from proceedings 9665
of 2007 on 25 February 2009, 5 December 2009 and 13 February 2009.
10. I refer to paragraph 23 of my Narrative Affidavit and say that now produced and shown to me
and marked “LSC-HJJ-005” is a true copy of my letter(s) to Colin Marles AO, the Chairman
of the Legal Services Board and to Ms Marles (the chief executive officer of the Legal
Services Board and the Legal Services Commissioner) dated 19 March 2009.
11. I refer to paragraph 25 of my Narrative Affidavit and say that now produced and shown to me
and marked “LSC-HJJ-006” is a true copy of the Legal Services Commissioner's letter to
me of 5 February 2009.
12. I refer to paragraphs 27 and 28 of my Narrative Affidaviit and say that now produced and
shown to me and marked “LSC-HJJ-007” is a true and correct copy of my facsimile letter of
19 March 2009 to the Attorney-General and to the Chairman of the Legal Services Board,
and true copies of my press releases of March 2009 and April 2009.
13. I refer to paragraph 31 of my Narrative Affidavit and say that now produced and shown to me
and marked “LSC-HJJ-008” is a true copy of the Legal Services Commissioner's letter to
me of 27 February 2009.
14. I refer to paragraph 32 of my Narrative Affidavit and say that there is a copy of the Legal
Services Commissioner's Summons dated 16 April 2009 and supporting affidavit and exhibits
included in exhibit “LSC-HJJ-002” to this Affidavit.
15. I refer to paragraphs 33 and 38 of my Narrative Affidavit and say that true copies of 5 of
these 14 letters received by me from the Legal Services Commissioner on 23 March 2009
have been circulated to the relevant parties to these proceedings and to the Court under
cover of my faxed submissions and supporting materials faxed on 24 September 2009 and 1
October 2009 and 1 October 2009.

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SWORN AT Geelong in Victoria on 2 October 2009: ……………………………………………

Signature of deponent

Before me:

…………………………………………………………………..

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SCHEDULE

PIPPIN PATRICIA CRESSY


(First Defendant by Counterclaim)

DAVID HANLON
(Second Defendant by Counterclaim)

HARWOOD ANDREWS PTY LTD ABN 98 076 868 034


(Third Defendant by Counterclaim)

RICHARD INGLEBY
(Fourth Defendant by Counterclaim)

JAMES TURNBULL
(Fifth Defendant by Counterclaim)

BERRY FAMILY LAW PTY (A FIRM) ABN 73 385 524 664


(Sixth Defendant by Counterclaim)

GRAHAM A DEVRIES
(Seventh Defendant by Counterclaim)

DAVID J LIST
(Eighth Defendant by Counterclaim)

DANIEL O’DWYER
(Ninth Defendant by Counterclaim)

LEGAL SERVICES COMMISSIONER


(Tenth Defendant by Counterclaim)

THE ATTORNEY-GENERAL FOR VICTORIA


(Eleventh Defendant by Counterclaim)

MINISTER FOR COMMUNITY SERVICES


(Twelfth Defendant by Counterclaim)

TRUST COMPANY FIDUCIARY SERVICES LIMITED


(FORMERLY KNOWN AS PERMANENT TRUSTEE
COMPANY LIMITED) ACN 000 000 993
(Thirteenth Defendant by Counterclaim)

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