BROOKES v. MARSHALL [1996] NSWCA 68

BROOKES vy. MARSHALL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

COLE JA 2 May 1996

[1996] NSWCA 68

Cole JA. Before me today for the third time is a notice of motion brought by Thomas Joseph Brookes and Judith Brookes. The matter first came before me on 11 March 1996 and I then gave reasons for the orders which I then made. The matter was stood over until 19 April 1996 to enable an affidavit to be filed not later than 12 April 1996 dealing with matters which I referred to in the reasons I delivered on 11 March 1996. Shortly put, I wished the affidavit to satisfy me that the testing of the proposed documents would be non destructive and that the documents would be in safekeeping whilst the testing was being performed, and I wished to have placed before the Court the time which the tests would take. The matter was not attended to by way of a satisfactory affidavit on 19 April and I again adjourned the matter until today.

Today there has been filed by Mr Brookes a letter from Messrs Stewart, Cuddy and Mockler, his former solicitors, indicating that they received copy documents and did notrequire production of originals, and an affidavit by Stephen Desmond McCann, Detective Sergeant attached to the Mona Vale detective's office, indicating that he is the officer in charge of what is described as 'the investigation into

Mr Thomas Joseph Brookes" claim of falsification of ANZ diary notes."

That affidavit indicates that the relevant documents are to be examined in relation to the possibility of an extract being attached over the original document. It deposes to the fact that the examination is non destructive. It does not identify as I had sought the handwriting expert who would be examining the documents, but indicates in general terms that the documents will be safely held. It indicates that a period of six months would be required for an investigation of the documents.