08.05.15 - Joan of Arc


You must be, said the Cat,  x

Amended Statement

05.03.14 - mccabes


31.03.14 - District Court

11.04.14 - Commissioner of NSW Police Force

The documents or things you must produce are as follows:

All records on the police files under the name of ‘Amir Bodenstein - DOB: 17 May 1961’, from whatever early date until 20 January 2012.

Date of return: 1 May 2014

(served on 16.04.14 - Superintendent 'Mick' Fitzgerald, Kings Cross)

xx.xx.14 - Hope Street Urban Compassion
20.08.13 Deputy Registrar to me
You are required to produce the following documents or things to the court:

All records in which the plaintiff is being mentioned and/or is part of, and 

All materials that relates to this matter and/or the Plaintiff, including in all employees files of the First Defendant, and

Any records that relates to the contact details of the Second Defendant from 18 January 2013 until 28 February 2014.

Date of return: 

xx.xx.14 - Amended Statement



16.05.14 - mccabes to AB


Dear Amir,

 

As discussed this morning, his Honour made the following orders, in accordance with the parties’ proposed short minutes of order:

1.       Plaintiff to file and serve a further amended statement of claim within seven days.

2.       First defendant to file and serve an amended defence within seven days.

3.       First defendant to comply with plaintiff’s notice to produce within seven days.

4.       Plaintiff to issue a subpoena to produce on NSW Police regarding phone logs for 20 January 2012 within seven days.

5.       Matter set down for a three day hearing commencing on 16 July 2014. 

Have a lovely weekend.

 

Best regards,

 

Terri Hirbod-Bassi

Solicitor



23.05.14 - AB to mccabees

Dear Terry,

I will serve the Amended Statement of Claim by mid next week and you will have as much time that you need to amend your client's Defense.

Have a nice weekend, AB

23.05.14 - AB to mccabees

Dear Amir,

 

Please be advised that Rachael Arnold and I have moved to Hall and Wilcox Lawyers.  This file has also been transferred with us.

 

Accordingly, please ensure that all future correspondence is forwarded to us at Hall and Wilcox.

 

If you wish to discuss this with us, please do not hesitate to contact us.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer


23.05.14 - Hall & Wilcox to AB


Description: C:\Users\TIH\AppData\Roaming\Microsoft\Signatures\HWlogo2014.jpg
Melbourne | Sydney
www.hallandwilcox.com.au


Leading independent business law firm Hall & Wilcox has expanded its highly regarded insurance law practice by acquiring a new insurance team which will be based in its Sydney office.

The team will join Hall & Wilcox from Sydney firm McCabes and includes two new partners, Matthew Curll and Rachael Arnold and a number of lawyers and support staff.

05.03.14 -

Her Honour Judge Gibson has been allocated this matter as the trial judge. 

I am writing to inform you that this matter is listed before her Honour this Friday, 13 June 2014, at 9:30am in Court 13D for case management. 


05.03.14 - 

Dear Amir,

 

We refer to the orders made by her Honour on 13 June 2014. 

 

In particular, the plaintiff was required to file and serve his further amended statement of claim by today.

 

Please ensure that your further amended statement of claim is provided to us immediately

 

Failing which, we reserve our client’s right to object to the late service of any further amended statement of claim by the plaintiff outside of the court timetable.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer


10.06.14


Dear Sir/Madam, 

Her Honour Judge Gibson has been allocated this matter as the trial judge. 

I am writing to inform you that this matter is listed before her Honour this Friday, 13 June 2014, at 9:30am in Court 13D for case management. 

Kind regards, 

Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales


18.06.14


Dear Sir/Madam,


Please find below orders made by Gibson DCJ on 13 June 2014.

=============================================================
Orders
=============================================================
(1) Extend time for the plaintiff to file and serve the Further Amended Statement of Claim by Wednesday 18 June 2014.
(2) Amended Defence by 25 June 2014.
(3) The first defendant is to provide the following documents to the plaintiff in 7 days: (a) All documents in the first defendant’s possession referring to the plaintiff, in accordance with the Notice to Produce already served on the first defendant.
(4) Grant leave to the plaintiff to file in court a Subpoena to Produce addressed to the Commissioner of NSW Police and dispense with the subpoena fee.
(5) Make the subpoena returnable before Gibson DCJ at 9:30am on Monday 30 June 2014 at which time access will be granted to both parties unless objection is raised by the NSW Police to production of the documents sought.
(6) The plaintiff is to serve a copy of these orders on the NSW Police no later than Tuesday 17 June 2014 and undertakes to tender the sum of $30 conduct money to the NSW Police.
(7) Any request for adjournment of the subpoena or additional funds by the NSW Police must be made on Monday 30 June 2014 when these proceedings are next in court.
(8) Grant leave to the plaintiff to issue a subpoena to the Australian Broadcasting Corporation (ABC) for production of film exposed on or about 18 March 2011 by the 7:30 Report, such subpoena to be filed and served by 18 June 2014 and returnable before Gibson DCJ at 9:30am on Monday 30 June 2014.
(9) Grant the plaintiff leave to issue a subpoena to attend to give evidence to Constable Meredith (surname currently unknown), such subpoena to be filed by 18 June 2014 and returnable for the first day of the hearing, namely 16 July 2014.
(10) Note the plaintiff’s application for the court to have a “view” of the scene of the incident will be considered by the first defendant.
=============================================================

Kind regards,
Vincent Mok
Associate to her Honour Judge J C Gibson


03.07.14 - 


Dear Vincent,

 

We refer to the above matter which was listed for mention before Her Honour on Monday 30 June 2014.

 

As you will recall, Her Honour asked we provide a copy of the plaintiff’s subpoena issued on NSW Police seeking access to the phone log records for the subject incident.

 

I indicated to Her Honour that I believed we had a copy of the plaintiff’s subpoena at our office.  

 

I have searched extensively through our hard copy and electronic files and cannot locate the plaintiff’s subpoena. 

 

Following my review of our records, I now believe that the plaintiff has never provided a copy of this subpoena on the first defendant.

 

In addition, would you kindly confirm that this matter is listed before Her Honour tomorrow morning at 9.30am?  We have counsel, Sue Chrysanthou appearing on behalf of the first defendant.

 

Thanks in advance.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer

03.07.14 - 


Dear Sir/Madam,

Amir Bodenstein v Hope Street Urban Compassion (District Court Matter - 2013/16865)

I refer to our telephone conversation earlier today.

On 13 June 2014, her Honor Judge Gibson made the following two orders regarding a subpoena to the NSW Police Service:

(4) Grant leave to the plaintiff to file in court a Subpoena to Produce addressed to the Commissioner of NSW Police and dispense with the subpoena fee.
(5) Make the subpoena returnable before Gibson DCJ at 9:30am on Monday 30 June 2014 at which time access will be granted to both parties unless objection is raised by the NSW Police to production of the documents sought.

The matter was relisted before Gibson DCJ on 30 June 2014, on which date her Honour made the following order:

(3) Stand over the answer to the subpoena from the Police to Friday 4 July 2014 at 10:00am; the Court is to advise the NSW Police Service that if the documents are not produced in the Registry beforehand, a representative of the NSW Police Service should attend Court 13D on Friday 4 July 2014 at 10:00am to hand up the documents under subpoena (or a letter explaining failure to do so) on that date.

I have spoken to Ms Kathrina Hunt at the Kings Cross Police Station early today who informs me the last record of processing of the subject subpoena was 17 June 2014.  

Following my telephone conversation with Ms Hunt, I have liaised with our subpoena section.  I was informed they have not received any subpoena in relation to this case from the NSW Police since April 2014.

In these circumstances, her Honour Judge Gibson requests a representative from the NSW Police Service to attend Court 13D, District Court of NSW (John Maddison Tower), tomorrow morning at 10:00am with a fresh copy of the documents, and to explain the circumstances in which these documents were mailed to the court.

Yours faithfully,
Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales


07.07.14 - 


Associate to her Honour Judge J C Gibson
District Court of New South Wales
Vincent Moc

Dear Sir, 

1. It would be most appreciated if you might send me the orders made by her Honour on 30 June 2014 and on 04 July 2014.

2. The Plaintiff requests leave of the Court to file the 'Further Amended Statement of Claim' to allow the Defendants to file an 'Amended Defense' by 11 July 2014.

3. Attached is the proposed 'Further Amended Statement of Claim' which differs from the one filed on 4 July 2014 by:(a) 'Type of Claim' - deleted.( b) Clause 9 - instead 'The Publications" should read 'The Additional Publications". (c) extra space 'Signature'  (d) relevant specific lower case lettering should be changed to uppercase.
 
Yours faithfully,
Amir Bodenstein


07.07.14 - 


Dear Mr Mok,

 

We refer to the plaintiff’s Further Amended Statement of Claim.

 

In circumstances where the plaintiff’s claims in defamation remain unaltered from the previous version in the pleading, and in particular in so far as those pleadings have been confined and explained in the judgment of McCallum J dated 2 December 2013, the first defendant does not propose to file a further version of the defence, which will just repeat what is in the current version of the pleading.

 

Please let us know if her Honour wishes to adopt a different course.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer


07.07.14 - 


Dear Mr Bodenstein and Ms Terri Hirbod-Bassi,

Her Honour Judge Gibson has perused your respective emails of even date.  Please find below Judge Gibson's orders of 30 June and 4 July 2014.

=======================================================
Orders made on 30 June 2014
=======================================================
(1) Uplift access to the plaintiff to the documents produced by the Australian Broadcasting Corporation, such documents to be returned to the court on Friday 4 July 2014 at 10:00am, when this matter is next listed for directions.
(2) Note that the plaintiff confirms that he will seek a “view” of the scene of the incident and that the first defendant does not oppose this course – Court to arrange for a view to take place during the morning of the first day of hearing. The view will include: (a) Hope Street Urban Compassion Centre; (b) Back Shed Café; (c) Tom Uren Place; (d) The intersection of Forbe Street and Cathedral Street; (e) Matthew Talbot Hostel.
(3) Stand over the answer to the subpoena from the Police to Friday 4 July 2014 at 10:00am; the Court is to advise the NSW Police Service that if the documents are not produced in the Registry beforehand, a representative of the NSW Police Service should attend Court 13D on Friday 4 July 2014 at 10:00am to hand up the documents under subpoena (or a letter explaining failure to do so) on that date.
(4) The plaintiff is to serve by email on the solicitors for the first defendant a draft copy of the Further Amended Statement of Claim by 4:00pm Thursday 3 July 2014; no further extensions will be given. The Further Amended Statement of Claim may be filed in Court on Friday 4 July 2014 if it has been served by email on the solicitors for the first defendant the day before in accordance with this order.
(5) The plaintiff calls on the Notice of Produce on the first defendant – no documents produced.
(6) Any outstanding applications for rulings, further documents, or resolution of disputes must be made on Friday 4 July 2014, as this is the last date these proceedings will be listed on before the hearing.
=======================================================
Orders made on 4 July 2014
=======================================================
(1) Note documents produced in court by the Commissioner of Police.
(2) Mr S Selvakumaran is excused from further attendance.
(3) Grant leave to the plaintiff to file in court a Further Amended Statement of Claim.
(4) Australian Broadcasting Corporation documents returned.
(5) Plaintiff’s application for verified explanation for failure to produce documents in answers to notice to produce refused. 
=======================================================

Yours faithfully,
Vincent Mok
Associate to her Honour Judge J C Gibson


10.07.14 - 


Dear Amir,

 

We refer to your subpoena to give evidence issued on “Constable Meredith”.

 

We have been advised by the solicitor for the NSW Commissioner of Police that your reference to ‘Constable Meredith’ is, in fact, a reference to‘Sergeant Katrina Merritt’.

 

Sergeant Merritt has indicated her availability to attend to give evidence on 16 July 2014.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer


20.07.14 - 


Dear Sir, 

On last Friday - 18 July 2014,  I apparently lost a USB stick (dark blue colour) at the Court or at one of the two interview rooms, which are the closest rooms to Court 13D.

It would be most appreciated if you will let me know if it was found.

Yours faithfully,
Amir Bodenstein


21.07.14 -

Dear Mr Bodenstein,

I have had a long search this morning, both inside Court 13D and outside in the public area (including all interview rooms).  I was unable to locate your lost USB stick.

I have also enquired of our Sheriff Officer in the John Maddison Tower and was informed nothing was handed in. 

Yours faithfully,
Vincent Mok


22.07.14 - Supplementary submission 

28.07.14 - Notice of Motion

01.08.14 - Further Amended (Statement of Claim) 

05.08.14 - Gazette of Law & Journalism 

An unusual case brought by a homeless man against a Baptist charity organisation takes an unusual course as NSW District Court Judge Judith Gibson visits the scene of the alleged defamation … Nina Ubaldi reports … more

06.08.14 - Trial transcripts: First day 


06.08.14 - Trial transcripts: First day site visit


06.08.14 - Trial transcripts: Second day 


06.08.14 - Trial transcripts: Third day 

08.08.14 -  

Dear Sir/Madam,

I am writing to advise that the matter of Bodenstein v Hope Street Urban Compassion will be listed for judgment on Tuesday 12 August 2014 at 10:00am before Gibson DCJ in Court 13D John Maddison Tower.

Yours faithfully,
Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales

11.08.14 - 

The Plaintiff seeks a leave to strike out number 2 and 3 of his Notice of Motion of 28 July 2014.

The Plaintiff
Amir Bodenstein

11.08.14 -  

Dear Ms Hirbod-Bassi,

Judge Gibson has not been provided with a copy of the plaintiff's notice of motion.  According to JusticeLink the plaintiff filed a notice of motion on 30 July 2014, as well as an Amended Statement of Claim on 4 August 2014.

Can you please provide an electronic copy of these documents?

Yours faithfully,
Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales

11.08.14 - 

Dear Vincent,

 

Please find attached the following:


1.       Plaintiff’s Notice of Motion filed 28 July 2014; and

2.       Email from plaintiff dated 1 August 2014, attaching ‘Further Amended (Statement of Claim)’.

Best regards,

Terri Hirbod-Bassi | Lawyer

12.08.14 -  

Dear Sir/Madam,

Please find below orders made by Gibson DCJ today

===========================================
Orders contained in the Judgment:
===========================================
(1) Judgment for the first defendant.
(2) Plaintiff to pay the court filing fee and hearing fee in 28 days.
(3) Plaintiff’s claim against the second defendant dismissed.
(4) Liberty to apply in relation to costs, such liberty to be exercised in 7 days.
(5) Vacate the notice of motion return date of 15 August 2014.
(6) Exhibits retained for 28 days.
===========================================
Additional orders made in open court:
===========================================
(7) Plaintiff’s notice of motion filed on 28 July 2014 is dismissed.
(8) The first defendant’s application for costs is listed for argument at 9:30am on Monday 18 August 2014.
(9) An outline of submissions in relation to all costs issues is to be served by the plaintiff by Friday 15 August 2014 at 4:00pm.
===========================================

Kind regards,
Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales

13.08.14 -  

Dear Vincent,

 

Please inform Her Honour that the first defendant has elected not to press for costs against the plaintiff.

 

Therefore, the application for costs, which is listed for argument on 18 August 2014, is now no longer necessary.

 

Best regards,

 

Terri Hirbod-Bassi | Lawyer

14.08.14 -  

Dear Sir/Madam,

Her Honour Judge Gibson made the following order in chambers today:

================================
Order
================================
(1) Noting the first defendant’s email of 13 August 2014 informing the court that the first defendant has elected not to press for costs against the plaintiff, vacate the listing of 18 August 2014.
================================

Yours faithfully,
Vincent Mok
Associate to her Honour Judge J C Gibson
District Court of New South Wales


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Amir,

 

Please confirm whether your Notice of Motion, dated 8 September 2014, has now been withdrawn given the filing of your Notice of Intention to Appeal.

 

Regards,

 

Terri Hirbod-Bassi | Lawyer


12.08.14



08.05.15 - Ms Rachelle Louise

When Mr Evatt told Judge Judith Gibson that he had come an agreement with The Daily Telegraph on the fourth day of the defamation trial, the judge said: “I thought your client was Joan of Arc.”

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