Professional Documents
Culture Documents
Letter by Email To Fred Lester at Clarke & Gee
Letter by Email To Fred Lester at Clarke & Gee
Patrick Lunn
Our Ref:
PJL:CT:143127
23 October 2015
Mr Fred Lester
Clarke & Gee Lawyers
By e-mail: fred@clarkeandgee.com.au
Dear Sir
Susan Burge v. Commonwealth Bank of Australia
Supreme Court of Tasmania Launceston Registry Action No. 532 of 2015
This is an open letter.
In addition to the inadequacy of the allegations pleaded in the plaintiff's reply dated
21 October 2015, in respect of which we refer you to Forrest v ASIC [2012] HCA
39; (2012) 247 CLR 486, our investigations have led us to conclude that the very
serious allegations contained in paragraph 4 of the plaintiff's reply dated 21
October 2015, namely that the defendant has engaged in:
i.
ii
iii
s I m m o n s WOLFHAGEN
If the allegations have not been withdrawn by the filing and service of an amended
reply to the defendant's defence that omits the allegations and all of the
subsequent allegations that explicitly or by inference depend on the allegations by
2:00pm Monday 26 October 2015, we will make an application to strike out the
allegations and all other allegations that turn on the allegations and seek an order
for costs on an indemnity basis without further notice.
Yours faithfully
Simmons Wolfhagen
Patrick Lunn
Managing Partner Litigation Dispute Resolution
patrick.lunn@simwolf.com.au
23 October 2015
Page 2