text:
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text:
namespace content {

namespace {

void NotifyLoadStateChangedOnUI(int child_id,
                                int route_id,
                                const GURL& url,
                                const net::LoadStateWithParam& load_state,
                                uint64_t upload_position,
                                uint64_t upload_size) {
  RenderViewHostImpl* view = RenderViewHostImpl::FromID(child_id, route_id);
  if (view)
    view->LoadStateChanged(url, load_state, upload_position, upload_size);
}

void DidGetResourceResponseStartOnUI(
    int render_process_id,
    int render_frame_host,
    std::unique_ptr<ResourceRequestDetails> details) {
  RenderFrameHostImpl* host =
      RenderFrameHostImpl::FromID(render_process_id, render_frame_host);
  WebContentsImpl* web_contents =
      static_cast<WebContentsImpl*>(WebContents::FromRenderFrameHost(host));
  if (!web_contents)
    return;
  web_contents->DidGetResourceResponseStart(*details.get());
}

void DidGetRedirectForResourceRequestOnUI(
    int render_process_id,
    int render_frame_host,
    std::unique_ptr<ResourceRedirectDetails> details) {
  RenderFrameHostImpl* host =
      RenderFrameHostImpl::FromID(render_process_id, render_frame_host);
  WebContentsImpl* web_contents =
      static_cast<WebContentsImpl*>(WebContents::FromRenderFrameHost(host));
  if (!web_contents)
    return;
  web_contents->DidGetRedirectForResourceRequest(host, *details.get());
}

}  // namespace

LoaderDelegateImpl::~LoaderDelegateImpl() {}

void LoaderDelegateImpl::LoadStateChanged(
    int child_id,
    int route_id,
    const GURL& url,
    const net::LoadStateWithParam& load_state,
    uint64_t upload_position,
    uint64_t upload_size) {
  DCHECK_CURRENTLY_ON(BrowserThread::IO);
  BrowserThread::PostTask(
      BrowserThread::UI, FROM_HERE,
      base::Bind(&NotifyLoadStateChangedOnUI, child_id, route_id, url,
                 load_state, upload_position, upload_size));
}

void LoaderDelegateImpl::DidGetResourceResponseStart(
    int render_process_id,
    int render_frame_host,
    std::unique_ptr<ResourceRequestDetails> details) {
  DCHECK_CURRENTLY_ON(BrowserThread::IO);
  BrowserThread::PostTask(
      BrowserThread::UI, FROM_HERE,
      base::Bind(&DidGetResourceResponseStartOnUI, render_process_id,
                 render_frame_host, base::Passed(std::move(details))));
}

void LoaderDelegateImpl::DidGetRedirectForResourceRequest(
    int render_process_id,
    int render_frame_host,
    std::unique_ptr<ResourceRedirectDetails> details) {
  DCHECK_CURRENTLY_ON(BrowserThread::IO);
  BrowserThread::PostTask(
      BrowserThread::UI, FROM_HERE,
      base::Bind(&DidGetRedirectForResourceRequestOnUI, render_process_id,
                 render_frame_host, base::Passed(std::move(details))));
}

}  // namespace content

redpajama_set_name: RedPajamaGithub


As nasty as the tactics and action in "The War of Jokes and Riddles" got, writer Tom King brought the weight of it home by capably communicating the emotional effects (and fallout) the battle had on Batman's soul. We saw how it affected others, too, most notably Kite Man.
In this issue's conclusion of "Everyone Loves Ivy," King returns again to those dark days to demonstrate how they've driven Ivy to her current status at the horticultural queen of the world. After an outrageous plan involving getting punched full-on in the face by Superman lands Batman in the care of Dr. Harleen Quinzel, the pieces begin to fall into place for the unraveling of Ivy's reign. Bruce communicates with Ivy via Harley as Selina speaks to her in person, with the women discussing the roles they played (or, in Selina's case, didn't) in the Joker/Riddler battle royale. Bruce's talk with Ivy is one of kindness and understanding, as he reminds her that anyone can come back from anything if they want to.
But the guilt of the men Ivy killed for Edward Nygma weighs heavily on her. Luckily, Batman has a contingency for everything, and isn't above using love as a weapon. And it isn't even in a way that's manipulative! He accomplishes his goal in a way that brings comfort to someone who needs it. Being engaged to Selina hasn't dulled his strategic edge, nor has it changed his ability to get results. It's the results themselves that aren't as harsh as they used to be, and I love that.
Because no matter how big, how bizarre, or how bonkers Tom King's concepts are, he always finds the heart that beats beneath it all. This has been true since his first pages on this title, and he's only deepened this book's emotional core as he's gone along. There's a little bit of action in this issue, but mostly it's just conversations and revelations and interventions that are all as thrilling as any fisticuffs.
Previous articleBOF's BAT-POLL – Are You Worried About DC On Film Post-JUSTICE LEAGUE?


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Walter Cho re-elected as Hanjin KAL chairman
Walter Cho was re-elected as the chairman of Hanjin KAL at an annual general meeting held on 27 March.
Hanjin KAL, the parent group of Korean Air, is controlled by the Cho family. Walter Cho succeeded his father, the late Cho Yang-ho, as head of Hanjin KAL in 2003. He took over as Korean Air's chairman and chief executive after Cho senior's death in April 2019.
The carrier tells Cirium that the younger Cho received support from nearly 57% of 3,600 shareholders who voted, with a collective equity stake of just under 85%.
Two other nominees, Sin-Bae Kim and Gyeong-tae Bae, had their nominations rejected. Reference material prepared by Hanjin KAL for the meeting describes Kim as a former chairman of SK Corp, while Bae is a former vice-president at Samsung Electronics.
Kim was nominated by a three-party alliance that has demanded that Walter Cho be replaced by professional managers. This alliance comprises Cho Hyun-ah, the private equity fund KCGI, and Bando Engineering & Construction, which hold 6.5%, 18.7%, and 16.9% stakes in Hanjin KAL, respectively, amounting to a collective 42% stake.
Walter Cho, his family members and affiliates hold a 22.2% stake, while Delta Air Lines recently increased its stake in Hanjin KAL to 14.9%
Cho Hyun-ah is Walter Cho's sister and the eldest of the late Cho Yang-ho's three children. Youngest sibling Emily Cho and Cho Hyun-ah both stepped down from their executive positions at Korean Air in April 2018.
Walter Cho says in a statement issued after the shareholders' meeting: "The meeting served as an opportunity to hear the voices of various shareholders and employees, and will act as a stepping stone in the future development and growth of Hanjin Group.
"Hanjin Group will now start afresh, respecting the wishes of the people."
He reiterated the difficulties faced by the airline industry due to the coronavirus, while stating that over 90% of Korean's aircraft are grounded.
"All of us at Hanjin Group are devoting our efforts to overcome the crisis. We will take necessary self-help measures to improve our financial structure. In addition to the previously announced sale of idle assets, we will actively seek to raise funds by consulting the board of directors."
How consolidation has changed the shape of the European airline sector
Coronavirus has put development of the European airline industry on hold with the grounding of the bulk of fleets, while also raising questions over the shape of the industry that will re-emerge.
Japanese and South Korean carriers further cut April schedules
Japanese and South Korean carriers have made further reductions to their summer schedules in light of the coronavirus outbreak. ANA had planned to serve a total of 4,653 flights on 72 routes between March 29 and April 24, but says 3,813 of those, on 68 different routes, have now ...
Tough decisions loom for fleets grounded due to coronavirus crisis
With aircraft piling up at Asia-Pacific airports amid the coronavirus crisis, airline engineering teams will play a key role in keeping grounded jets ready for the day when demand for air travel returns. Singapore Airlines, Cathay Pacific Airways, Qantas Airways, and Korean Air represent just a handful of carriers ...

redpajama_set_name: RedPajamaCommonCrawl


NASHUA- William 'Bill' Leon Rochette, 64, died unexpectedly at his home on Sunday, January 13, 2019. He is the beloved husband of Cheryl (Gray) Rochette with whom he shared 20 years of marriage on December 12, 2018.
Bill was born in Nashua on March 29, 1954 and was the son of the late Romeo and Georgette (Gagnon) Rochette.
For many years, Bill was employed by Quality Insulation as an insulator.
In his free time, Bill was a dedicated New England sports fan but found his favorite team in the New England Patriots. He has a passion for fishing especially deep sea fishing which he did as often as possible. Above all, Bill cherished his family deeply and treasured the time spent with his children and grandchildren.
In addition to his wife, Cheryl, Bill is survived by his five children Angie Michaud, William Rochette Jr. and his wife Vanessa, Tamara Batchelder, Selena Rochette and Craig Rochette all of Nashua. He is also survived by his 20 grandchildren and three siblings; Robert Rochette of Florida, Jean O'Neill and her husband Mark of Nashua, and Jane Ginchereau and her husband Charles of Nashua; and several nieces and nephews.
Bill was predeceased by his daughter Tracy Michaud; grandson Christopher Breeding, and his sister Annette Frank.
Relatives and friends are invited to Bill's visitation on FRIDAY, January 18th from 6 until 8 PM at ANCTIL-ROCHETTE & SON FUNERAL HOME, 21 Kinsley Street, Nashua. His Funeral Service will take place in the Funeral Home at 7:30 PM. Burial will take place at the convenience of his family.


Sam Poryanda is from Branford, Connecticut – now living in NYC. Fitness has always been a major part of his life. Sam was a walk on rower to HCMR with no prior experience, was captain and competed on the national level. Since post-grad, Sam has been a consistent top finisher in many road races, triathlons, CrossFit events, and other competitions. He looks forward to continuing his use of EBOOST products to take my fitness to the next level.
With EBOOST products in hand, what does your typical workout routine look like?
My typical workout routine involves a lot of cross-functional exercises. I am a daily competitor at CrossFit NYC in the morning and spend my nights either running, swimming, doing yoga, or in my basketball league. On the weekends, I plan my long runs and bike rides. My routine is consistently changing depending on the competition I am pursuing at the time.
What type of diet do you stick to?
I eat pretty consistently across the board, eggs/avocado/oatmeal in the morning, ground turkey and veggies/beans for lunch and chicken/salmon and veggies for dinner. I stay away from processed foods and those high in sugar. My go-to snack is vanilla PRIME with a piece of fruit and some nuts.
Why did you choose to be an EBOOST Ambassador?
I have tried many nutritional supplements across my athletic career, however, EBOOST is the one product line that supports all of my needs. From general immunity to energy to recovery and many other areas of well-being, EBOOST has consistently created top-notch products that support the whole athlete.
What is your favorite EBOOST product? Why?
I love EBOOST's SUPER POWDER, Acai Pomegranate. It is a great pick-me-up in the morning, and cheaper than coffee! I've also leveraged it as a pre-workout when I'm feeling sick as it's packed with vitamins and minerals.
Learn more about Sam and what he is up to daily by following him on Instagram. You can also check out his activity and support Sam on Strava by giving him a follow – samporyanda.


Suzanne Slade is the award-winning author of over 100 nonfiction books. Her picture books THE SODA BOTTLE SCHOOL (which shares the true story of how children in Guatemala built their school out of trash) and WHAT'S THE DIFFERENCE? (a rhyming story about the ways people are helping endangered animals) are especially popular with young ecologists. During school visits Suzanne explains how she became an author, divulges the secrets of what authors really do, and shares the process of how books are made. The Soda Bottle School is on the RIF (Reading is Fundamental) 2015 Multicultural Booklist and has a free teacher's guide.
Suzanne had a blast visiting Johnsburg Elementary school in Johnsburg, IL during her two-day Authors for Earth Day visit. The students were wonderful listeners, asked awesome questions, and shared their inspiring ideas for new books. After reading The Soda Bottle School, they voted to donate to Hug-It-Forward[https://hugitforward.org/], which helps build schools out of trash. But a small portion of the visit proceeds is also going to Camp H.O.P.E. (Help Our Planet Earth)—a camp for underprivileged students where they learn recycling, and how to care for and protect the environment.
At Fremont School, I met with over 700 students. Before my visit students read my book, The Soda Bottle School, made their own soda bottle school crafts, and wrote stories about how students in Guatemala built their school out of trash.
During my visit I showed photos of the Guatemalan children working on their school and students tried stuffing bottles with plastic bags using sticks. Part of the proceeds from my visit are being sent to Hug-It-Forward, a nonprofit organization that funds more bottle schools.
One week after Earth Day I visited with students at Prairie Crossing Charter School. Before I arrived students read my picture book THE SODA BOTTLE SCHOOL, which shares the true story of how students in Guatemala built their own school out of soda bottles and trash. During my presentation I showed photos of the Guatemalan students working hard during the school building project: collecting bottles, stuffing bottles (with over 250 plastic bags!), stacking bottles, plastering walls, and painting walls. Then students from Prairie Crossing school tried stuffing soda bottles with plastic bags using sticks to make eco-ladrillos (eco-bricks) just as the Guatemalan students had done. Money from book sales at Prairie Crossing along with an author donation was sent to Hug It Forward to fund more bottle schools.


Dear Raju, if you have claimed any section 80c benefit in AY 2014-15 i.e. FY 2013-2014, you should inform your employer to cancel the same in current FY. For past FYs' no reason to worry as being a ULIP, you have already completed more than 3Y of holding period.


Powered by CREE High Power LED chip with high output.
Standardized level IP68 for solid particle resistance and liquid penetration resistance.
Extremely Long Life Span: 50,000 hours service life time.
Engineering vehicles-Excavator,dozer,road roller,bulldozer,crane and mining truck etc.


text:
KGET 17
Bakersfield 62°
Vegas NYE
Sunrise Interviews
KGET Podcasts
Gaming & Pop Culture News
Local delivery driver goes viral in TikTok dance video featuring essential workers
Snapshot: State requires body cameras for all sheriff's deputies
Video released of officer-involved shooting where gunman killed, officer wounded
Adventist Health Tehachapi administering COVID-19 vaccine to those 65 and older
Kevin's Tank of Gas Getaway
Weather Snapshots
Raiders – Inside The Slant
Cyber Safe
Thousand Faces Podcast
Return to Ridgecrest
Fire Facts
Kern County In Depth
Homicide Tracker
Murdered and Forgotten
Sober Reality
Kern Corruption
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Highway 99 near 7th Standard Road
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Tiger Woods and US team rally to win Presidents Cup again
Posted: Dec 14, 2019 / 06:53 PM PST / Updated: Dec 14, 2019 / 10:59 PM PST
U.S. team player and captain Tiger Woods, right, shakes hands with International team player Abraham Ancer of Mexico after Woods won their singles match 3 and 2 during the President's Cup golf tournament at Royal Melbourne Golf Club in Melbourne, Sunday, Dec. 15, 2019. (AP Photo/Andy Brownbill)
MELBOURNE, Australia (AP) — High emotions, fierce hugs from Tiger Woods, this time as a winner both ways in the Presidents Cup.
Woods capped off a big year that began with his 15th major at the Masters by playing and leading his U.S. team to another victory in the Presidents Cup on Sunday at Royal Melbourne.
The first playing captain in 25 years, he opened the 12 singles matches by beating Abraham Ancer to set the Presidents Cup record with his 27th match victory, and set the tone for the rest of his team.
The scoreboard was filled with American red scores all day as they rallied from a two-point deficit to win the Presidents Cup for the eighth straight time against an International team that faltered at the worst time.
Matt Kuchar delivered the clinching putt, a 5-footer for birdie that assured him a halve against Louis Oosthuizen and gave the Americans the 15 1/2 points they needed to win.
"For us to be in a hole, to come back and win this thing … to win it as a team, but to do it with Tiger Woods as our captain was just a huge thrill," Kuchar said.
They result was 16-14, and at least this one was a contest. The U.S. victory two years ago at Liberty National was so resounding that it nearly ended on Saturday.
International captain Ernie Els was determined to turn it around. He created a new logo for the International team. He relied heavily on analytics. It still wasn't enough.
"I followed a plan, and it didn't quite work out, but we came damn close," Els said. "If you compare our team on paper with other teams in other sport, you would have laughed us out of the building. But we gave it a hell of a go and we came mightily close to winning and upsetting one of the greatest golf teams of all time."
Els thought back to Friday, when the Americans won two matches with birdies on the 18th hole and rallied to halve another to keep the International lead from growing.
On Sunday, all he saw was U.S. momentum that couldn't be stopped.
"We gave you everything we had," Els said to Woods at the closing ceremony. "You were the better team."
Woods hugged everyone hard, players and vice captains alike, wearing a smile not seen since he walked off the 18th green at Augusta National after becoming a Masters champion again after injuries that nearly ended his career.
"We relied on one another as a team, and we did it — together," Woods said, his voice choked slightly with emotion. "This cup wasn't going to be given to us. We had to go earn it. And we did."
Els fashioned the youngest International team from a record nine countries from everywhere outside Europe and took a 10-8 lead into the final day, the first time it had the edge in 16 years.
It wasn't enough.
Patrick Reed, whose caddie was benched for shoving a fan who had cursed Reed from close range Saturday, built a 6-up lead through seven holes before eventually putting away C.T. Pan to win for the first time this week.
Webb Simpson, who played with Reed as they lost all three team matches, never trailed in beating Byeong Hun An. Everyone on the U.S. team contributed something.
With so much red on the board, Tony Finau might have been his team the biggest boost. He was 4 down through 10 holes against Hideki Matsuyama, won the next four holes and earned a half-point.
It came down to the final hole in South Korea four years ago. This time, the Americans were assured of a tie if the Internationals were to win the last three matches, creating at least a little drama.
But it was a familiar ending. The Americans now are 11-1-1 in an event that began in 1994.
"It's hard to digest," said Adam Scott, who has played in nine Presidents Cup without ever winning. "It's incredibly disappointing but … I like where this team is going, and I'll be working really hard now to be on the team in two more years."
The only International victory was in 1998 at Royal Melbourne, and several players from that team came to Australia this week to conjure up good vibes. It only worked for so long.
The Americans won the singles session for the first time since 2009. Most years, their lead was so big it wasn't critical. This time it was. They hadn't trailed since 2003 in South Africa, the year of the tie.
So inspired was the American play that none of their six singles victories made it to the 18th hole.
The last two matches were halved, and the 8-4 advantage in singles matched the record for the largest Sunday margin since the Americans won 8-4 in the inaugural Presidents Cup in 1994.
The next Presidents Cup is in 2021 at Quail Hollow Club in North Carolina. In the meantime, the Americans will try to get on another team and win back the Ryder Cup, which gives them far more trouble.
KCSO searching for driver of minivan that led officers on 2 high-speed pursuits
Night closure scheduled Thursday for California Avenue
Trial date confirmed for man charged in grisly slaying of Bakersfield attorney
Man donates not one, but two stimulus checks to a foodbank
Veterans bills introduced by McCarthy become law
Police: Man tried entering parked vehicles in southwest Bakersfield
SNIP holding low-cost vaccine clinic
BC offering students paid positions in departments throughout the college
KGET EEO Report
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Inge Moore of Ridgecrest died Thursday, March 21, at Ridgecrest Regional Hospital. She was 94.
Mrs. Moore was born Sept. 10, 1924, in Stettin, Germany, where she had many fond memories of her childhood. Inge survived the bombings and destruction of WWII. She met Robert Moore of the Army Air Force, where a WWII romance grew. She came to New York in 1947, became a U.S. citizen, and married Robert Moore, who was attending the University of San Francisco in 1948. This love affair endeared for 53 years.
Inge worked various jobs as a dental assistant, in sales and mostly in retail for 30 years in Cincinnati, Ohio. She took pride in all that she did.
She was a loving mother of one daughter. She retired with her husband for 15 years in Florida and has been a resident of Ridgecrest for the last 20 years.
Her family and friends say this about her: Inge had a rare brightness, energy, a fearless spirit. Her genuine openness and generous heart made her well-liked by many. She always had a special appreciation of the small things shown to her. When the chips were down, she found a silver lining in the darkest of clouds. She had nonstop energy in all she did, right up to the end.
She had a brave heart when coping and adapting to her adversities. She was pragmatic, meticulous, intuitive and simplistic in her lifestyle, her observations, and her writings. Inge continually put family first and had a special feeling for the underdog. She was very ethical in all that she did. She left a legacy of pure soul, a kind human being and a loving mother and wife. She was true to herself.
She is survived by her daughter Sigrid Moore of Ridgecrest and her nephew Bernd Palbuchta of Munich, Germany. Private cremation and arrangements are handled by Holland and Lyons Mortuary.
A memorial mass was held at Saint Ann's Church on April 4, 2019, followed by a reception.


That's the name, the hashtag and the message that the organizers of this year's L.A. Pride Parade in Los Angeles have come up with to take the place of the usually colorful and festive annual event.
Brian Pendleton, board member for the non-profit organization Christopher Street West that organizes the parade, said the #ResistMarch will have "people moving through the streets" marching for human rights.
Despite headlines touting that the parade is an "anti-Trump" march, Pendleton said that was not the case.
In addition to the name change, the route has also changed.
Normally the parade is held exclusively in West Hollywood along Santa Monica Boulevard, but this year, Pendleton said the march will start at the intersection of Hollywood and Highland, but end in West Hollywood.
The exact details of the route are still being worked out by the cities of Los Angeles and West Hollywood.
Previous articleDo Gays Have More Fun in LA?


text:
M P Management (Aust) P/L v Churven & Anor
Notable Unreported Decision
M P Management (Aust) Pty Ltd v Churven
M P Management (Aust) P/L v Churven & Anor [2002] QSC 320
M P MANAGEMENT (AUST) PTY LTD ACN 069 812 424
PHILIP STUART CHURVEN and YLVA MARIA KJELLBERG
(respondents)
Muir J
CONTRACT – TERMINATION – WAIVER – alleged breach of the Property Agents and Motor Dealers Act 2000 – construction of the Act – where application seeks declaration that contract for sale of land validly terminated by notice – whether a warning statement was attached to contract – meaning of "attached" – whether waiver of right of termination – whether expenses incurred after notification of right to terminate are recoverable as reasonable
CONTRACT – FORMATION – time of formation of contract – whether a warning statement was signed and dated before a witness – meaning of "sign" and "attestation"
Powers of Attorney Act 1948
Property Agents and Motor Dealers Act 2000, s 365 s 366, s 367
Property Law Act 1974 s 45
Succession Act 1981, s 7
Beckwith v R (1976) 12 ALR 333
Bosaid v Andrey [1963] VR 465
Clohesy v Maher (1880) 6 VLR (L) 357
Cohen v Roche [1927] 1 KB 169
Elliott Common School District No 48 v Country Board of School Trustees Tex Civ App, 76 SW 2d 786
Goodman v J Eban Ltd [1954] 1 QB 550 CA
Kammins Co v Zenith Investments (1971) AC 850
Minchin v Public Curator of Queensland (1965) ALR 91
Muirhead v Commonwealth Bank (1996) 139 ALR 561
Sargent v ASL Developments Ltd (1974) 131 CLR 634
Schneider v Norris (1814) 2 M & S 286
Ted Brown Quarries Pty Ltd v General Quarries (Gilston) Pty Ltd (1977) 16 ALR 23
The Commonwealth v Verwayen (1990) 170 CLR 394
M Burnett for the applicant
D Campbell for the respondent
Kelly Lawyers for the applicant
Corums Lawyers for the respondent
[1] The applicant, M P Management (Aust) Pty Ltd, entered into a contract dated 11 October 2001 with the respondents, Philip Churven and Ylva Kjellberg, for the sale and purchase of a parcel of vacant residential land located at 8 Annie Street, Hamilton. On 6 December 2001 the applicant purported to terminate the contract by notice given under s 366 of the Property Agents and Motor Dealers Act 2000 ("the Act"). In this application it seeks: a declaration that the contract was validly terminated by the notice; an order that the respondent authorise its agent, Damian Walsh Real Estate, to release to the applicant $46,000 held by way of deposit under the contract and an order that the respondent pay the applicant $10,620.14 by way of legal and other expenses incurred pursuant to the contract.
Events preceding the entering into of the contract
[2] During the afternoon of 8 October 2001, Mr Patrick Farrugia, a director of the applicant telephoned Mrs Paula Walsh, a real estate agent and a principal or employee of Damian Walsh Real Estate Clayfield with a view to obtaining her assistance in connection with the applicant's intended purchase of the land. He told her of his understanding that the land, although subject to a conditional contract of sale, was about to come back onto the market. He said that he would fax to her some information in relation to the land which he had obtained from another agent. He also requested her to ascertain the identity of the vendor. Damian Walsh Real Estate was not then the respondents' agent.
[3] Later that afternoon, Mrs Walsh, in a telephone call to Mr Farrugia, told him the name of the vendors, confirmed that the existing contract would not be proceeding and advised him to be in a position to enter into a contract immediately. On 9 October 2001, Mrs Walsh, at Mr Farrugia's request, met with the applicant's solicitor, Mr Kelly at the land where they carried out an inspection and Mrs Walsh produced a site plan and other title information to Mr Kelly. On 10 October, after a number of conversations with Mrs Walsh in which the terms of the offer the applicant was proposing to make were discussed, Mr Farrugia asked Mrs Walsh to prepare a contract and bring it to his residence for execution.
[4] Mrs Walsh arrived at Mr Farrugia's residence at about 5 pm on 10 October bringing with her a draft form of contract which, after discussion, the applicant signed. It stipulated a purchase price of $940,000 and a deposit of $47,000 payable as to $1,000 on signing and $46,000 within 14 days. Mr Farrugia made a photocopy of the document after he had signed it but before Mrs Walsh had signed by way of attestation. Mr Farrugia also signed a warning statement prepared pursuant to s 366(4) of the Act. He swears that after he signed the contract document Mrs Walsh produced the warning statement which was then signed by him but not by her.
[5] Mrs Walsh has a different recollection of events. She swore that she presented to Mr Farrugia a manila folder containing the proposed contract, already signed by Mr Churven, and the warning statement as the uppermost document. The folder also contained three or four other forms of contract in respect of other properties. Her recollection is that the warning statement was signed by Mr Farrugia and witnessed by her before the contract document was signed. Mr Farrugia did not expressly assert that the warning statement was not on top of the form of contract when given to him but says that the contract documents in respect of the land and the documents relating to other proposed contracts "were in a pile in no particular order".
[6] His recollection, also, is that the form of contract was unsigned by the respondents when presented to him for signature. Mr Churven, who gave evidence, did not assert that he had signed the form of contract at this stage. I accept Mr Farrugia's evidence in this regard. It is supported by the existence of a photocopy of the form of contract made by him on 10 October which shows his signature, initialling by Mrs Walsh but no signature on behalf of the respondents. The photocopy also shows a contract price of $940,000 whereas the contract signed by the applicant and the respondents has a purchase price of $950,000. No plausible explanation is offered as to why the copy taken by Mr Farrugia would not have contained the higher figure if it had been inserted in the other copies of the contract documents produced to Mr Farrugia on the 10th.
[7] I do not accept that Mr Farrugia has an actual recollection of whether Mrs Walsh witnessed his signature on the warning statement. His contention in that regard, however, receives support from the fact that the pen used by Mrs Walsh on the warning statement was different from that used by both Mrs Walsh and Mr Farrugia in signing and initialling the form of contract. That tends to suggest that Mr Farrugia's signature on the warning statement was not witnessed by Mrs Walsh as part of one overall signing process. Of course, it is not inconsistent with the statement having been signed an appreciable time before the signing of the contract. Although I accept Mrs Walsh as a credible witness, I do not accept that she has retained a recollection of the circumstances in which she signed the warning statement and I do not consider it probable that she and Mr Farrugia signed it before he signed the contract.
The entering into of the contract
[8] Mrs Walsh and Mr Farrugia both agree that the warning statement was not stapled, pinned or otherwise affixed to the form of contract.
[9] Mrs Walsh, that evening or the next day, took the contract document to Mr Churven who expressed disagreement with some of its terms. Negotiations then ensued and a number of changes were made to its contents. On 15 October 2001 Mr Churven wrote to Mrs Walsh stating, inter alia, "I return the contract as executed by the purchaser now duly executed by the vendors". That observation was not completely accurate because Miss Kjellberg was in Sweden at the time and did not return a form of contract signed by her until about 19 October 2001. On 16 October Mrs Walsh wrote to the respondents' solicitors stating that she enclosed the original copy of the contract of sale, that the duplicate copy was being forwarded to Mr Churven and advising that an initial deposit of $20,000 was held by her firm.
[10] Mr Churven swore that agreement on amendments to the proposed contract was reached on or about 11 October, Mrs Walsh's recollection is that negotiations continued until the 15th. Her recollection sits more comfortably with the documentary evidence and I accept it as accurate.
[11] The copy of the contract sent to Mr Kelly on 16 October differed from the document signed by Mr Farrugia on 10 October in a number of material respects. The initials of both Mrs Kelly and Mr Walsh appeared against each alteration but the evidence did not disclose where or when the initialling had taken place.
Post contract dealings
[12] On 26 October Mr Kelly wrote to the respondents confirming agreement in relation to further variations to the contract and "the remaking of time of the essence of the contract". The letter gave notice pursuant to special condition 1 of the contract that the applicant was satisfied with due diligence enquiries and had not relied on any representations in arriving at a decision in that regard.
[13] There was then an exchange of communications concerning house plans, drawings and design. Mr Farrugia asserted that he had been promised a full set of working plans for the proposed dwelling on the site and had been frustrated in his attempts to obtain them. The respondents contended that they had done all they could to make such plans available to the applicant.
[14] On 31 October 2001 Mr Churven, in his capacity as solicitor for the respondents, wrote to the applicant's solicitors confirming the contract as varied and stating –
"As there were earlier proposed contracts between these parties in the negotiation process, I attach a copy of a final contract document as executed by the parties and as now applicable. The vendors hold their copy of the terms of contract (pages 3-6) as referred to in the attached contract document and confirm that your client holds a similar copy.
We confirm these matters in the context that our client had another purchaser for the subject property and have refused that parties offer on the basis that the written contract as amended is now unconditional and will proceed to settlement on the terms of such contract. …
We confirm that settlement of the contract is due on 10th December 2001. Due to commitments that the vendors are now about to make on the basis of the within contract settlement will be required on that due date."
The "final contract document" referred to in the letter was not tendered or otherwise identified.
[15] On 6 December 2001 the applicant's solicitors wrote to the respondents' solicitors giving notice of termination under s 367 of the Act and stating –
"For your information the Warning Statement had not been executed and witnessed, or dated, by the Seller or someone acting for the Seller at the time our client executed the Contract of Sale nor was it attached as the first and top sheet of the Contract. Hence it is of no effect under section 366(5)."
The competing arguments
[16] Mr Burnett, who appeared for the applicant, submitted that his client was entitled to terminate the contract on the grounds that in contravention of the Act –
(a) the warning statement was not attached as the "first or top sheet" of the contract;
(b) the warning statement had not been signed and dated by the buyer "before a witness" before the contract was signed by the buyer;
(c) the contract was not signed and dated before a witness by "the seller of the property or someone acting for the seller" before the contract was signed by the buyer.
[17] Mr Campbell, for the respondents, submitted that –
(a) no binding contract had been entered into and that, therefore, the Act did not apply;
(b) the attachment requirement in s 366(1) was satisfied by the placement of the warning statement in the manila folder on top of the form of contract;
(c) Mrs Walsh's signature on the warning statement opposite that of Mr Farrugia constituted the signing of the statement by "the Seller of the property or someone acting for the Seller";
(d) The requirement that the statement be signed and dated "before a witness" merely meant that the signing and dating must happen in the presence of a witness and not that the witness must actually attest the warning statement;
(e) the applicant had waived its rights to rely on s 367 of the Act by affirming the contract after knowing of the existence of the right to terminate it.
The relevant provisions of the Property Agents and Motor Dealers Act 2000
[18] Sections 366 and 367 of the Act, in the form in which they existed at the date of the contract, relevantly provided –
366 Warning statement to be attached to contract
(1)A contract for the sale of residential property in Queensland must have attached, as its first or top sheet, a statement in the approved form ("warning statement") containing the information mentioned in subsection (3) or (4).
(2)The seller of the property or a person acting for the seller who prepares a contract for the sale of residential property in Queensland commits an offence if the seller or person prepares a contract that does not comply with subsection (1).
Maximum penalty—200 penalty units.
(5)A statement purporting to be a warning statement is of no effect unless –
(a)before the contract is signed by the buyer, the statement is signed and dated before a witness by -
(i) the seller of the property or someone acting for the seller; and
(ii) the buyer; and …
367 Buyer's rights if warning statement not given
(1)This section applies to a contract to which a warning statement must be attached.
(2)If a warning statement is not attached to the contract or is of no effect under section 366(5), the buyer under the contract may terminate the contract at any time before the contract settles by giving signed, dated notice of termination to the seller or the seller's agent.
(3)The notice of termination must state that the contract is terminated under this section.
(4)If the contract is terminated, the seller must, within 14 days after the termination, refund any deposit paid under the contract to the buyer.
(5)If the contract is terminated, the seller and the person acting for the seller who prepared the contract are liable to the buyer for the buyer's reasonable legal and other expenses incurred by the buyer in relation to the contract after the buyer signed the contract.
(7)An amount payable to the buyer under this section is recoverable as a debt."
Was there compliance with the requirements of the Act?
[19] I will address first the argument that the contract did not have attached, as its first or top sheet, a warning statement.
[20] The word "attached", in its less restrictive sense, may mean "accompanying" or "associated"[1] and, in that sense of the word, one thing may be "attached" to another without physical joinder.[2]
[21] In its more restrictive sense and, I rather think, every day sense, "attached" connotes some form of joinder, fastening or affixation. There is nothing in the context of s 366 or s 367 which would tend to indicate that the word should be construed broadly, quite the contrary. The aim of the sections appears to be to give prominence to the warning statement by ensuring that not only is it inseparable from the contract proper but that it is the first document to be seen by a prospective purchaser when perusing the contract.
[22] Subsection (1), by requiring a contract to "have attached" the warning statement "as its first or top sheet", suggests that more than the mere placing of the warning statement on the contract or providing it in a folder together with the contract is required and that some form of physical joinder or incorporation is necessary.
[23] It may be that the requirements of s 366(1) could be complied with without the warning statement being stapled, pinned to or bound up with a contract. For example, if the warning statement was the first of a number of loose sheets placed together in a folder and numbered or otherwise identified as the first sheet of the bundle, it may be arguable that the warning statement was "attached" to the other documents. That did not happen here. The contract form used was a standard REIQ form consisting of six pages without annexures. Written at the bottom of the front sheet, which bore every indication of being the first page of a document, were the words and figures "page 1 of 6". The succeeding pages were similarly numbered at the foot. Furthermore, the folder could not serve as a unifying device "attaching" the warning statement to the contract as its first or top sheet as it contained other contractual documents.
[24] The argument before me proceeded on the assumption that the critical time for compliance with ss 366 and 367 was the time of signing of the contract document by Mr Farrugia on behalf of the applicant on 10 October. That assumption does not appear to me to be well founded. What Mr Farrugia signed on 10 October was an instrument which contained the terms of an offer which the applicant proceeded to make to the respondents. It is difficult to untangle from the evidence the point at which the contract was formed, as this was not treated in submissions as an issue requiring resolution. Mr Campbell's written submissions contained an assertion that no contract had been formed but the submission was plainly untenable and was not pursued in oral submissions.
[25] There was no attempt by either party to trace the movement (or placement in relation to any form of contract) of the warning statement from when it was taken by Mrs Walsh from Mr Farrugia's residence on 10 October. Nor was there direct evidence to the effect that if the warning statement was altered after being signed by Mr Farrugia, it was only by the placement on it of Mrs Walsh's signature. The only copy of the warning statement tendered was one which bore only the signatures of Mr Farrugia and Mrs Walsh. The inference I draw from the evidence is that if a warning statement accompanied the copy of the contract signed by Mr Farrugia after 10 October and sent by Mrs Walsh to Mr Kelly on 16 October, it was the document signed by Mr Farrugia on 10 October and witnessed by Mrs Walsh with no alterations. I also infer that no further act which might constitute attachment of the warning statement to the contract took place.
[26] I note that the applicant's solicitors, in a letter to Mr Churven of 10 December 2001, asserted that a copy of the warning statement did not accompany the original contract when it was hand delivered to their offices on 16 October. That allegation is not expressly denied.
[27] As the offer, made by Mr Farrugia's giving the form of contract to the respondents via Mrs Walsh, was not accepted, the warning statement could not have complied with s 366(1) unless it was later attached to the contract actually entered into (which was materially different in content from the applicant's offer) before that contract was signed by "the buyer". I infer that this probably did not occur.
[28] For the above reasons, I find that there was a breach of s 366 of the Act as the contract did not have a warning statement attached as its first or top sheet.
[29] I now turn to the question of whether, before the contract was signed, the warning statement was signed by the seller or someone acting for the seller and dated before a witness.
[30] There was a challenge to the evidence of Mrs Walsh and Mr Churven that Damian Walsh Real Estate had been appointed the respondents' agent by the time the warning statement and form of contract were signed by Mr Farrugia on 10 October. Suspicion was aroused by the fact that a form of appointment of agent was dated 1 October and because an earlier contract for the sale of the land was still on foot on 10 October. It was submitted that because of the existence of that contract, it was unlikely that the appointment of Damian Walsh Real Estate was made on the 10th. I do not find this point compelling. Mr Farrugia himself swears that terms of the proposed contract were being negotiated on 10 October and that the previous day Mrs Walsh had met with Mr Kelly at the land in order to discuss potential easement difficulties. An obvious step for Mrs Walsh to take was to obtain an appointment as agent and I have no reason to disbelieve the evidence of Mr Churven and Mrs Walsh that this was attended to on 10 October.
[31] The warning statement provides –
"I/We ………………………………and ………………………....the Buyer have read and understand the information contained in this Warning Statement. I/We understand that by signing the attached contract I/we may be entering a binding contract with no cooling-off period.
PLEASE SIGN HERE
BUYER BUYER WITNESS:
Name:………………………… Name:………………………… Name:…………………………
Signature …………………….. Signature …………………….. Signature ……………………..
Date: ………………………… Date: ………………………… Date: …………………………
SELLER/SELLER'S AGENT: SELLER/SELLER'S AGENT: WITNESS:
Name: ………………………. Name: ………………………. Name: ……………………….
Signature: …………………… Signature: …………………… Signature: ……………………
Date: ……………………….. Date: ……………………….. Date: ………………………."
[32] Mr Farrugia signed the document under "BUYER" on the left hand side of the document and Mrs Walsh signed under "WITNESS" where that word appears in the same line as the words "BUYER". Her evidence was that she signed in order to witness Mr Farrugia's signature and did not intend to sign on behalf of the seller or as the seller's agent. That evidence was irrelevant as the question of whether the seller or seller's agent signed the warning statement for the purposes of s 366(5) is a question for objective determination and is not dependent on the state of mind of a signatory.
[33] Mrs Walsh placed her signature on the warning statement but did she "sign" the statement in the sense referred to in s 366(5)? In the context of Bills of Sale legislation, signing has been described as "the writing of a person's name in a bill or notice in order to authenticate and give effect to some contract thereon".[3] A similar approach is evident in respect of contracts of sale, where it has been held that a signature, wherever placed on the subject document, is sufficient to constitute a signed memorandum of the contract, if it reasonably appears to be intended to govern or authenticate every material and operative part of the writing.[4]
[34] Lord Ellenborough CJ gave the following explanation of the concept of signature in the following passage from his reasons in Schneider v Norris[5]-
"Here there is a signing by the party to be charged by words recognizing the printed name as much as if he had subscribed his mark to it, which is strictly the meaning of signing, and by that the party has incorporated and avowed the thing printed to be his; and it is the same in substance, as if he had written 'Norris & Co' with his own hand."
His Lordship was referring to a bill of parcels which had the defendant's name printed on it but which contained no written signature. In Goodman v J Eban Ltd [6] the question for consideration was whether a solicitor's bill of costs had been "signed by the solicitor" for the purposes of s 65 of the Solicitor's Act 1932 by virtue of the fact that the bill of costs sent by the plaintiff solicitor to the defendant clients had been accompanied by a letter which bore a facsimile of the plaintiff's business name in the plaintiff's handwriting impressed on it by a rubber stamp. Romer LJ, in upholding the sufficiency of the stamped signature, said[7] -
"It is stated in Stroud's Judicial Dictionary (3rd ed) under the title 'Signed; signature' that 'speaking generally a signature is the writing, or otherwise affixing, a person's name, or a mark to represent his name, by himself or by his authority with the intention of authenticating a document as being that of, or as binding on, the person whose name or mark is so written or affixed'. This statement appears to me in accord with the authorities …"
[35] The function intended to be served by a "seller's" signature on the warning statement though is somewhat different from the role of a signature in the authorities discussed above. Insofar as it is possible to discern a function, it is not to authenticate or adopt the contents of a statutory form but to surround the use of the form with a degree of formality which, amongst other things, may provide evidence as to compliance with the relevant statutory requirement. That notwithstanding, I have concluded, after some hesitation, that the signing of the statement in the capacity of a witness is not a signing for the purposes of s 366(5) but merely an acknowledgement that the author of the signature has observed the signing of the statement by another person.
[36] Mr Campbell also argued that s 366(5) did not require that the warning statement be signed by the witness to the buyers' or seller's respective signatures. He pointed out that the literal requirement is that the statement be "signed and dated before a witness by … the seller … or someone acting for the seller: and by "the buyer". The point seems to me to be a good one. If it had been intended that the witness attest the document, it would have been an obvious enough thing for the legislation to stipulate. Such a course has been followed in statutes, recent and not so recent. For example, s 7 of the Succession Act 1981 requires witnesses to a testator's signature on a will to be present and "attest and .. subscribe the will".
[37] The term "attested" is used in s 45 of the Property Law Act 1974. The Powers of Attorney Act 1998, however, conveys the same concept without recourse to legal terminology by stating that "an enduring document" must "be signed and dated" by the person who witnesses the principal's signature.[8]
[38] Mr Burnett submitted that the absence of reference to attestation could be explained by the Act's use of plain English. It is possible, I suppose, that in striving for simplicity the drafter of the provision overlooked stating a requirement that the witness sign the document in such capacity. It is impermissible, however, for a court to attempt to remedy any such perceived deficiency by inserting a further requirement concerning signing. Failure to comply with ss 365 and 366 may constitute an offence and the circumstances in which an offence may be committed ought not be enlarged to resolve an ambiguity or perceived inadequacy in the language of the section.[9]
Did the applicant waive its right of termination
[39] The matters relied on by Mr Campbell to constitute waiver are knowledge that the warning statement did not comply with the Act and of the consequent right of termination when, on 26 October, confirmation was given that the contract was unconditional. Such confirmation was first given orally and confirmed in writing in a letter of 26 October, probably dictated and sent after the oral discussion. Part of it has been quoted earlier. Neither the conversations nor the letter make reference to the Act or the exercise of any rights under it. In those circumstances did the applicant, by its conduct, waive its statutory right of termination?
[40] Mr Campbell's written submissions, under the heading "Estoppel" asserted that the facts identified "amount to a waiver of section 366". In oral submissions he identified the facts to which I referred above and submitted that they constituted a waiver of the applicant's statutory rights. In that regard he referred to the following passage from the judgment of Mason CJ in The Commonwealth v Verwayen [10]-
"The broad principles of election are not in doubt. They were formulated by this Court, under the title of waiver, in Craine v Colonial Mutual (1920) 28 CLR, at p 326; see also O'Connor v S P Bray Ltd (1936) 36 SR (NSW) 248, at pp 257-264. In Sargent v ASL Developments Ltd (1974) 131 CLR 634, at 641 Stephen J explained:
'The doctrine only applies if the rights are inconsistent the one with the other and it is this concurrent existence of inconsistent sets of rights which explains the doctrine; because they are inconsistent neither one may be enjoyed without the extinction of the other and that extinction confers upon the elector the benefit of enjoying the other, a benefit denied to him so long as both remained in existence.'"
[41] In Verwayen Mason CJ had said earlier[11] -
"According to its strict legal connotation, waiver is an intentional act done with knowledge whereby a person abandons a right by acting in a manner inconsistent with that right: Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 at p 326; Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 at p 658. However, the better view is that, apart from estoppel and new agreement, abandonment of a right occurs only where the person waiving the right is entitled to alternative rights inconsistent with one another, such as the right to insist on performance of a contract and the right to rescind for essential breach: see Kammins [1971] AC at p 883. This category of waiver is an example of the doctrine of election."
[42] The concept of waiver was discussed also by Toohey and Brennan JJ. Toohey J said[12] –
"Nevertheless, usage has sanctioned waiver as apt to signify 'the legal grounds on which a person is precluded from asserting one legal right when he is entitled to alternative rights inconsistent with each other' and 'the legal grounds on which a person is precluded from raising a particular defence to a claim against him': Mason J in Sargent v ASL Developments Ltd (1974) 131 CLR 634, at p 655. While it has been said that the loss of a right in the circumstances postulated is 'better categorised as "election" rather than as "waiver"' (Lord Diplock in Kammins Co v Zenith Investments (1971) AC 850, at p 883), waiver is an appropriate term to describe the loss of a defence otherwise available to a defendant."
[43] Brennan J, also after quoting from the reasons of Stephen J in Sargent v ASL Developments Ltd [13] said –
"Election consists in a choice between rights which the person making the election knows he possesses and which are alternative and inconsistent rights."
[44] The same concept is encapsulated in the following passage from the judgment of Lord Diplock in Kammins Co v Zenith Investments,[14] quoted by McHugh J in his reasons[15] -
"In my opinion, the cases to which I have referred do not establish any principle which supports the claim of waiver in the present case. Ex parte Moore and Bock, and perhaps Phillips v Martin and Wilson v McIntosh, are really cases of estoppel. Indeed, in Kammins Co v Zenith Investments Lord Diplock thought that all cases of the type to which I have referred were better categorised as estoppel cases. His Lordship said (at pp 882-883):
' "Waiver" is a word which is sometimes used loosely to describe a number of different legal grounds on which a person may be debarred from asserting a substantive right which he once possessed or from raising a particular defence to a claim against him which would otherwise be available to him. We are not concerned in the instant appeal with the first type of waiver. This arises in a situation where a person is entitled to alternative rights inconsistent with one another. If he has knowledge of the facts which give rise in law to these alternative rights and acts in a manner which is consistent only with his having chosen to rely on one of them, the law holds him to his choice even though he was unaware that this would be the legal consequence of what he did. He is sometimes said to have "waived" the alternative right, as for instance a right to forfeit a lease or to rescind a contract of sale for wrongful repudiation or breach of condition; but this is better categorised as "election" rather than as "waiver". …'."
[45] Waiver, insofar as it is a sustainable principle independent of estoppel, in this context at least, applies only where there are alternative rights inconsistent with one another and a party acts, with knowledge of the facts giving rise to the law applicable to the rights, in a manner consistent only with his having chosen to rely on one of them.
[46] Returning to the question for determination, there is no inconsistency between acknowledging the existence of the contract and taking a step under or in reliance on it on the one hand and the maintenance of the right to terminate conferred by s 367(2), on the other. That provision gives a buyer the right to terminate "the contract at any time before the contract settles", irrespective of the nature and extent of the performance under the contract and irrespective of the party's conduct by reference to it. Consequently, failure to exercise the right of termination of a contract, even with full knowledge of the right to terminate, is not necessarily inconsistent with acts which acknowledge the continued existence of the contract.
[47] As Brennan J expressed it in Verwayen[16] -
"As a right is waived only when the time comes for its exercise and the party for whose sole benefit it has been introduced knowingly abstains from exercising it, a mere intention not to exercise a right is not immediately effective to divest or sterilise it."
[48] As estoppel was not argued I do not intend to deal with it beyond observing that the facts do not suggest to me the presence of the elements necessary to ground an estoppel. There is no evidence of reliance by the respondents on any relevant representation or assumption as to a past, present or future state of affairs or of the existence of any such representation or assumption.
The expenses claim
[49] The sums claimed by the applicant are –
solicitor's costs $6,220.14
surveyor's costs $1,870.00
engineer's costs $220.00
architect's costs $3,520.00
Total $11,830.14
[50] It is submitted by Mr Campbell that as the applicant, through its solicitors, was aware of the applicant's ability to terminate the contract by 18 October 2001, no money spent after that date should, as a general rule, be regarded as a reasonable expense recoverable under s 367(5). Further, it is submitted that as there is no evidence as to how the bills "can be broken up" no apportionment between pre and post 18 October 2001 expenditure is possible.
[51] The applicant's solicitors rendered two accounts, one dated 31 October 2001 and the other dated 24 January 2002. The former states that it is in respect of costs of and incidental to "acting herein which included …". There is then a list, in general terms, of telephone attendances, perusal of inward correspondence; drawing and engrossing of all outward correspondence and of perusal and drafting of documents. No dates were provided except for an attendance "on site 9.10.01 in excess of half an hour"; an attendance at a meeting on 16 October and an "attendance upon Eddie Kaan 17.10.01 in excess one hour". Obviously, part of the account refers to work done on 9 October. It is reasonable to infer that it also includes work done before the contract was entered into in relation to the entering into of the contract. As I observed earlier, the parties were not concerned to pinpoint the date on which the contract was entered into and I am not in a position to make any findings beyond a finding that a contract was entered into no later than 16 October 2001.
[52] Section 367(5) make the seller liable for the buyer's "reasonable, legal and other expenses incurred by the buyer in relation to the contract after the buyer signed the contract". The reference to "the contract" in s 367(5) is a reference to the contract which existed and which was terminated pursuant to s 367(2). Plainly, a buyer may sign a contract document prior to the date on which the contract is entered into and s 367(5) makes its point of reference the date of signing rather than the date of contracting. I see no reason why the signing of the contract by the buyer encompasses the signing of an offer in the form of a contract document which does not contain the terms of the contract finally entered into.
[53] The evidence suggests that the applicant signed the form of contract on an occasion after 10 October by initialling the alterations made to the document and that the document so initialled came to embody all the terms of the contract until it was subsequently varied. The date on which the initialling took place is thus likely to be the operative date for the purposes of applying s 367(5). The evidence suggests that any such initialling must have taken place on or about 15 October. The account thus needs to be adjusted to exclude any matters referable to work done before that date. I have no means of making any such adjustment with any degree of precision. That being the case, Mr Campbell submits that the claim must fail. I do not accept that.
[54] To echo the language of Gibbs J in Ted Brown Quarries Pty Ltd v General Quarries (Gilston) Pty Ltd[17] it was possible for the applicant to prove "with some degree of certainty and precision" the extent of its outgoings and "it was not unreasonable to expect" the applicant "to call acceptable evidence" in that regard. In my view, however, it is plain enough that at least two-thirds of the account would be attributable to the period after the signing of the contract by the applicant and I am therefore prepared to find that two-thirds of the account is payable pursuant to s 367. As the evidence is deficient, the applicant cannot complain if the amount awarded is insufficient to recoup the full amount properly claimable by it.[18]
[55] By application of the principles referred to above, there would not seem to be any difficulty with the $220 fee payable to the consulting engineers. I allow one half of the sum of $1,870 paid to the surveyors and town planners. That account is dated 19 October and it is impossible to be satisfied that a significant amount of the work was not done prior to the signing of the contract. On the basis discussed above, I consider two-thirds of the amount claimed has been established.
[56] The architect's account is dated 15 November. It is not itemised in any way and merely states that it is in respect of a proposed residence at Annie Street. I have allowed two-thirds of it on the basis discussed above and also having regard to the principles discussed later in relation to the solicitor's accounts.
[57] The 24 January solicitor's account is expressed to be for acting after 31 October 2001. Mr Kelly swears, in relation to the accounts, that –
"Our professional costs were calculated on an hourly rate in accordance with the time, care and consideration given to the file and in my belief are fair and reasonable."
[58] Mr Kelly's belief about the reasonableness of his fees may be safely disregarded. So too may the vague assertions about the basis of calculation of the fees. It was not argued, however, that the evidence did not permit a conclusion to be drawn as to the reasonableness of the solicitor's charges and I propose to proceed on the basis that the level of charges was not in issue.
[59] The 24 January memorandum, in summary, states that a fee of $3,080 is charged for a number of telephone attendances on Mr Farrugia, Mr Churven, Mrs Walsh, "Harvey Russell", "John Lowenstein" and "NAB"; perusal of "inward correspondence", "drawing and engrossing outward correspondence and perusal and drafting of all other necessary documents." All of the work was done after the applicant was advised of its right to terminate the contract and, for this reason, it is submitted that it is unreasonable. But a purchaser, knowing of the existence of a right to terminate, does not have to exercise it immediately. The purchaser may desire to proceed but later exercise the right to terminate because of some changed circumstance. For example, the purchaser may encounter unexpected financial incapacity, there may be default on the part of the vendor, a drop in market value or a change in the purchaser's priorities. Also, it is not unreasonable for a purchaser, having received advice that the contract may be terminated, to consider that advice and permit some work already contracted for to continue whilst that consideration is being given. Whether any "legal" or "other expenses incurred" are "reasonable" will depend on an examination, in each case, of the circumstance in which the expenses were incurred.
[60] I have reservations about Mr Farrugia's explanation of the circumstances in which the applicant came to terminate the contract. I accept, however, that after he found out that he may have the right to terminate the contract he proceeded in good faith for a time. But for how long is unknown. The applicant's difficulty is that it has the onus of proving that its expenses were reasonable. Without evidence which clearly identifies the nature of relevant work done, the reason why it was done and the applicant's relevant state of mind at the time liability for the work was incurred, it is impossible for me to be satisfied that all of the work was reasonable. I am satisfied, however, that at least two-thirds of it was and I propose to allow that percentage.
[61] I have proceeded on the basis that "reasonable … expenses" in s 367(5) means expenses which are both reasonable in amount and reasonably incurred. The contrary was not suggested in argument.
[62] The applicant's recoverable expenses are thus calculated as follows:
2/3 of the solicitor's account of $3,096 dated 31.10.01 $2,064
2/3 of the solicitor's account of $3,124 dated 24.1.02 $2,083
Engineer's costs $220
1/2 of the surveyor's account of $1,870 dated 19.10.01 $935
2/3 of the architect's account of $3,520 dated 15.11.01 $2,347
[63] Because I have decided questions relating to the application of the Act contrary to the approach the parties adopted before me, it is appropriate that I afford the parties a further opportunity to make submissions before making any final order. I will also hear submissions as to the appropriate order and costs.
[1] Bosaid v Andrey [1963] VR 465 at 473.
[2] Elliott Common School District No 48 v Country Board of School Trustees Tex Civ App, 76 SW 2d 786, 780.
[3] Muirhead v Commonwealth Bank (1996) 139 ALR 561.
[4] See eg Clohesy v Maher (1880) 6 VLR (L) 357 and Cohen v Roche [1927] 1 KB 169.
[5] (1814) 2 M & S 286, 289.
[6] [1954] 1 QB 550 CA.
[7] At 563.
[8] s 44.
[9] Beckwith v R (1976) 12 ALR 333 at 339 per Gibbs J.
[10] (1990) 170 CLR 394 at 406-407.
[11] pp 406-407.
[12] At 467.
[13] (1974) 131 CLR 634 at 655.
[14] [1971] AC 850, at p 882-883.
[17] (1977) 16 ALR 23 at 37.
[18] cf Minchin v Public Curator of Queensland (1965) ALR 91 at 93.
White Star Case:


text:
Man Insists George Takei Drugged And Groped Him Despite Report That He "Changed His Story"
"To be questioned like this, I understand why women don't come forward when they were raped."
By Claudia Rosenbaum
Claudia Rosenbaum BuzzFeed News Reporter
Kevork Djansezian / Getty Images
Actor George Takei (right) and husband Brad Altman arrive at the 81st Annual Academy Awards in 2009 in Los Angeles.
The man who alleges George Takei drugged and tried to take advantage of him sexually nearly four decades ago says he stands firmly behind his story after an article in the Observer cast him as walking back some of his claims.
Scott Brunton told BuzzFeed News in November that in 1981, he caught Takei "on top of me, trying with his hand down my underwear [to] pull my underwear down" after he briefly lost consciousness inside the actor's Los Angeles condo.
But in an article published by the Observer on Thursday titled "Exclusive: George Takei's Accuser Has Changed His Story of Drugging and Assault," Brunton is painted as someone who now cannot recall some details of that night and may have misinterpreted Takei's alleged actions.
Calling Brunton a "sympathetic and well-intentioned man," the author, Shane Snow, wrote that in his effort to be heard, Brunton "fabricated some things."
"This and other evidence would indicate a hard-to-swallow conclusion: We — both public and press — got the George Takei assault story wrong," Snow wrote.
Snow goes on to point out what he says are inconsistencies in Brunton's interviews with various media outlets, and cites a toxicologist who says, based on what Brunton described, no drugging likely took place. A former prosecutor also told the Observer that based on Brunton's story, "there's nothing to prosecute here."
Snow also spoke with Brunton's former boyfriend at the time and his ex-fiancé, who said they do not recall Brunton telling them similar allegations.
A representative for Takei referred a BuzzFeed News inquiry to the actor's comments on social media, where he tweeted a link to the Observer story Friday along with a message to the public.
George Takei @GeorgeTakei
As many of you know, this has been a very difficult period for myself and my husband Brad as we have dealt with the impact of these accusations, but we are happy to see that this nightmare is finally drawing to a close. https://t.co/nHCjnebCBO
05:17 PM - 25 May 2018
"As many of you know, this has been a very difficult period for myself and my husband Brad as we have dealt with the impact of these accusations, but we are happy to see that this nightmare is finally drawing to a close," he tweeted.
"As I stated before, I do not remember Mr. Brunton or any of the events he described from forty years ago, but I do understand that this was part of a very important national conversation that we as a society must have, painful as it might be.
"It is in that spirit that I want folks to know, despite what he has put us through, I do not bear Mr. Brunton any ill will, and I wish him peace."
But in an interview with BuzzFeed News on Friday, Brunton said he stood firmly behind his story and accused Snow of twisting his words in the interest of vindicating Takei, who is featured in the author's upcoming book.
"I kept thinking, 'What is this guy's angle?'" Brunton said of Snow. "He came across as this golly gee guy from Idaho. He said, 'Let's resolve this.'"
According to Brunton, the so-called inconsistencies Snow points out in his article were reflections of what various news organizations chose to print, not what he told them.
He also said Snow "kept asking me, 'Isn't it possible that George didn't drug you?' I kept saying, 'No, no.'"
Brunton's husband, Duke Wolf, a former Montana state prosecutor, told BuzzFeed News that he listened in on some of the interviews and said Snow "wasn't questioning."
"What this guy was doing was what would only be allowed in the courtroom by a hostile interrogation…he came very leading in the way he was asking questions," Wolf said.
Jason Kempin / Getty Images
George Takei attends the premiere of an HBO documentary in 2016.
In an email Friday, Snow told BuzzFeed News that they have everything Brunton said on tape and that he and his editors did "an enormous amount of fact checking."
"We did not work with Takei, and I never even spoke to him, his husband, or publicist," he added.
The Observer's editor-in-chief, Ben Robinson, also told BuzzFeed News that Snow makes it clear in his story that his intent in investigating the allegations was clear: "that he was seriously considering removing Takei's chapter from his book, but found it curious that Takei didn't seem to display the same systematic abuse patterns as has been found with many other accused men, and thought it was worth looking into further."
"One potential outcome was uncovering those further allegations directed toward Takei, which, honestly, would've been a much bigger story," Robinson added. "He tried to find that story, and did not."
Still, Brunton said no matter how he is cast in the Observer article, "it doesn't change the fact of what happened."
"And the fact that I woke up with my pants around my ankles, my shirt pulled off, he's on top of me trying to get my underwear off," Brunton said. "The core of the story does not change."
Brunton says that in the summer of 1981 in Los Angeles, he had just gone through a bad breakup when Takei, then 44 and well-known for his role as Lt. Hikaru Sulu on Star Trek, offered to take him out on the town to cheer him up.
The two men knew each other socially but hadn't spent time together one-on-one before. After an evening out, Brunton said he agreed to come to Takei's condo for a cocktail. But by the second drink, Brunton said he felt like he was going to pass out.
"I said, 'I have to lie down.' He said, 'Come over here and sit,'" Brunton told BuzzFeed News in an interview.
The next thing he said he remembers is waking up on a beanbag chair, his pants down around his ankles, and Takei on top of him pushing his hand down his underwear.
Brunton said he then pushed Takei off and asked what he was doing, to which the actor said he was just trying to make him comfortable. Brunton left soon after.
Five of Brunton's friends independently told BuzzFeed News that they heard him tell the story at various times over the years.
Takei never responded to multiple requests for comment for the story in November, but after it was published, he said on Twitter that he did not remember Brunton and that the events he described "simply did not occur."
"I want to assure you all that I am as shocked and bewildered at these claims as you must feel reading them," Takei tweeted. "The events he describes back in the 1980s simply did not occur, and I do not know why he has claimed them now."
The Observer article also posits that Brunton may have also just misinterpreted what could have been a "courtship ritual" for gay men at the time.
"Someone young and new to this scene could certainly be surprised to learn that going out with a guy, then heading back to his apartment and having drinks together, would almost automatically be considered an invitation for sex in those days," Snow wrote, citing people "who lived in LA in the early 1980s."
Snow also notes in the Observer article that, under questioning, Brunton "confessed" that he did not remember Takei touching his genitals, however, that accusation was never made in his interview with BuzzFeed News and others last year.
But Robinson told BuzzFeed News that after "months of research and hours of phone calls," Brunton's account to Snow about that night differed from reports in other outlets that said Takei was "groping my crotch."
He also stood by the Observer's characterization of Brunton changing his story, noting that some elements of his story remained the same in his descriptions to the Observer and other outlets, and some changed.
Brunton said the article "makes it seem like I confessed, like I made the whole thing up," when there is no doubt in his mind about what happened that night.
"To be questioned like this, I understand why women don't come forward when they were raped," he said through tears. "You wore that short skirt. You were at that bar — I kind of understand why people don't come forward."
A Man Says George Takei Groped Him While He Was Passed Out
Claudia Rosenbaum is an entertainment reporter for BuzzFeed News and is based in Los Angeles.
Contact Claudia Rosenbaum at claudia.rosenbaum@buzzfeed.com.


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text:
How to Help Those Affected by the California Fires
Posted November 11, 2018 5:09 p.m. EST
By Julia Jacobs, New York Times
Three wildfires in California have displaced hundreds of thousands of people and destroyed thousands of homes. So far, 25 people have died.
As of Sunday morning, 109,000 acres had been burned by the fire in the northern part of the state, called the Camp Fire. It has turned into the most destructive in the state's history and one of the most deadly. Another 88,000 acres have been scorched in Southern California by the two fires called the Woolsey and Hill fires.
Here's how you can help.
— Research before you donate
Remember to do your research on a charity's reputation for using donations effectively. Charity Navigator is a good source to consult.
Also, remember that sending money is almost always the most efficient way to help in a disaster, according to the Center for International Disaster Information, part of the U.S. Agency for International Development.
If volunteers on the ground end up with a mountain of donated goods, they'll have to spend time sorting through them rather than buying exactly what's needed.
Nonprofits seeking donations
— California Community Foundation's Wildfire Relief Fund: For 15 years, the foundation has offered aid to those affected by wildfires. Grants have gone to rebuilding homes, providing financial and mental health assistance and helping those affected to get medical treatment.
— Caring Choices: This nonprofit, which is in Chico, California, has turned into a hub for organizing volunteers to help those affected by the Camp Fire. Volunteers are assigned a variety of duties, including caring for displaced animals and, for those who are certified doctors or nurses, offering medical care.
The organization has paused taking on new volunteers for the next few days but still encourages applications. It said it will need extra hands in the coming weeks. Caring Choices is also seeking monetary donations for its operations.
— Enloe Medical Center: This 298-bed hospital is in Chico, the site of multiple evacuation centers for the Camp Fire. It is accepting donations for patients and families who have been displaced.
— Entertainment Industry Foundation: This nonprofit, started by Hollywood stars, has a fund that helps firefighters and other emergency workers battling California wildfires. One of its beneficiaries is the Los Angeles Fire Department Foundation, which provides hydration backpacks and night vision goggles for helicopter pilots. Another beneficiary provides meals for emergency workers and evacuees staying in shelters.
— Humane Society of Ventura County: This nonprofit is accepting donations to help animals displaced by the Woolsey and Hill fires. It is taking in domestic animals, such as dogs, cats and birds, as well as livestock.
— North Valley Community Foundation: This nonprofit in Chico is raising money to support organizations that are sheltering evacuees of the Camp Fire. These could include churches, fairgrounds and community centers, said Logan Todd, a foundation spokesman.
— Salvation Army: At both ends of the state, the Salvation Army is providing meals to shelters in local churches, fairgrounds and a community college.
— United Way of Greater Los Angeles: This local branch of the national organization is raising money for those affected by the Woolsey and Hill fires, specifically to help low-income residents.
— United Way of Northern California: This local chapter of the national nonprofit has established a disaster relief fund to offer emergency cash and help to people who have lost their homes, according to a news release.
Crowdfunding as a way to help
There are multiple crowdfunding efforts for victims of the California fires. GoFundMe has organized a page that catalogs the relief efforts in Northern and Southern California. It includes links to donate to families who have lost their homes.
Google is collecting donations to help those affected by the wildfires in Southern California. It will funnel the donations to the Center for Disaster Philanthropy, which will distribute the money to local nonprofits.


My real boss has actually asked me to do some important work today (like checking injury reports and who's not playing because their stuck in the poky isn't important), so instead of my mindless banter….all I can offer is three lay-ups on the NBA hardwood tonight. Even though NCAA conference tourney time here, you know I'll be tied-up like Kobe Tai watching the 76ers battle the Supersonics tonight…Game-on little BEEATCHES!
This page contains a single article from March 7, 2007 10:37 AM.
The previous days article was Greg Gamble's Daily NBA Special: 93-71 ATS …and 146-125 ATS Overall!!!.
The next days article was Greg Gamble's Daily NBA Special: 94-74 ATS …and 147-128 ATS Overall!!!.


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