DZIKOWSKI V. MAZGAY 14/1963

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IN THE HIGH COURT OF AUSTRALTA

New South Wales Registry No. 14 of 1963

ORIGINAL JURISDICTION

Between»

MARIAN DZIKOWSKI

Plaintiff - and ~ STANLEY MAZGAY : : Defendant ——

Goram: WINDEYER, J.

TRANSCRIPT OF _ PROCEEDINGS.

AT SYDNEY ON WEDNESDAY, 7TH JULY 1965, AT 10.15 AeMs

"for the plz tlaintite,

MR. S. SIMBLIST (instructed by Mr.A.O. Ellison) appeared for the defendant.

MR.McLAUGHLINe I am happy to inform y.our Honour this case has been settled for the amount of £7750.

HIS HONOUR: Why are you informing me now when the matter is in tho list for trial? You have subpoenaed 14 witnesses including the Commissioner of Police of Queensland, it has been in the list since 1963, and on the eve of the

SC/'IG/"La. le APPEARANCES. 7/7/65 Dzikowski.e

_ OO rr

trial. you come and announce settlement.

MR.«McLAUGHLIN: Well, your Hbnour, the matter was settled only this morning. \

HIS HONOUR: Well, where are the 14 witnesses? Think of their | inconvenience. I suppose they are here waiting outside. I do not approve at all of this habit of settling in this way ~ it seems to be growing. Matters which i could be settled carlier, obviously, are settled only when the Court is about to sit. The Court tries |

to get through its business and expects the help of the profession in doing so. |

Very well. Do you agree this matter has been

settled, Mr.Simblist?

MR.SIMBLIST: If it please your Honour, I think I should say that the matter of settlement was only opened up very | late and in a definite way only yesterday, but my | learned friend Mr.McLaughlin did not seem to have any great part in its; I was dealing with Mr.Evatt senior and Mr.Evatt junior, and a proposition was put to us | which we had to refer to Brisbane.