The verdict was handed down June
19 08 after months of waiting. The judges order;
1. Give leave to the plaintiff to
amend the title of the claim from Radcliffe to Morris. (Bob's
note, name change due to recent marriage)
2. Order the department of natural
resources by it's appropriate officer substitute the name of
Cathryn Alice Morris for Michael Joseph cotter on the lease of
Middle Percy Island.
3. Order the defendant to vacate
the island by not later than 31st July 2008.
4.Order the defendant remove all
personal effects from the island including any vehicles, vessel
or vessels, chattels or effects owned by the defendant from the
island not later than 31st July 2008.
5. Order the defendant pay the plaintiffs
costs of and incidental to the action to be agreed or assessed.
6. I give liberty to apply within
catch words: Unconscionable conduct-undue
And so begins 14 pages of careful event
by event reconstruction of the arguments and the judges decisions
on each point. One note to make, on page 8 para 47 of the decision
there is a comment that refers to a statement made on an 'email
to one Bob Norson' from Cotter. This is partly in error. The
statement referred to was included in a press release from Cotter
that was originally sent by email but was not private correspondence.
AND WHAT NOW???
Cathryn and John Morris have
no boat suitable for the voyage to the island and ask the cruising
fleet to assist if a vessel is willing. A vessel departing from
Mackay would suit. Also, if someone out there has a vessel in
seaworthy condition that they can sell cheaply or better yet,
donate to them it would be gratefully received. Please contact
TCP by email or
phone (07 4125 7328) and your offer will be forwarded.
And then??? That's up to the
owners and the department of natural resources and the generosity
of the cruising fleet. TCP will post information as it becomes
available. All vessels sailing to the island are encouraged to
assess and document the condition and status of the islands facilities.
Please send TCP your pics and comments.