Court Visit
. The Court Proceedings This civil case was listed under motion on May 3, 2013; Deputy Registrar Lawton assigned this case to Magistrate R. Brown. I have followed them from the registry department up to the courtroom where it was assigned. Evidences were presented right away on the presiding magistrate, some details are unclear as they don’t mention it and just are just reading the evidences presented. They are representing themselves and not a private solicitor. Both the plaintiff and defendant act appropriately with each other and await their turn to speak and when they speak they stand up. The plaintiff is asking the court to order a subpoena on National Australia bank in respect to Mr. Erkan’s account dated January 30,2012 to June 30, 2012.This is the situation that resulted the plaintiff to ask for a subpoena, on April 30, 2012, Ilhan Erkan the defendant is supposed to pay a total of 20,000 (it may have incurred some interest but was not mention in the course of the hearing) to Mahir Koksal the plaintiff for a mortgage on property in Auburn the address was not also mentioned during the hearing. The plaintiff is claiming that he did not receive any money from the defendant of that amount on said time period and on the other hand the defendant is claiming that he paid the money. On November 9, 2012 the defendant Mr. Erkan produce two pages bank statements from Commonwealth bank which the magistrate agreed that it was legitimate, the plaintiff pointed out that the defendant had a bank overdraft of 20,000 and it already incurred some interest in bank was not use to pay off his mortgage liability. Mr. Koksal the plaintiff is asking for the defendants bank statement from National Australia bank he wanted to see the cash flow and to establish the balance of probabilities that the money has not been paid. The plaintiff would also want to establish the financial situation of Mr. Erkan and his wife, that they don’t have a capacity to pay off their