Re: With all due respect, Jim .........
Re: With all due respect, Tom ......... -- Jim Top of thread Forum
Posted by:
Tom Gubler ®

07/02/2005, 19:12:15
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Hi Jim,

I just went to the elanvital Aus site to see if they had any of the affidavits with which they began the case still posted but the site shows this message: This Account Has Been Suspended
Please contact the billing/support department as soon as possible.

Maybe they are in the midst of legal problems re copyright

Everything I say here is theoretical of course but here is the appropriate section of the Queensland Consolidated Regulations:

UNIFORM CIVIL PROCEDURE RULES 1999 - SECT 261
261 <> orders

(1) On application, the court may make an order, without notice to the respondent, of a type requiring the respondent to permit the applicant or another person to enter the respondent's premises and inspect or seize documents or other items (an <(2) An Anton Piller>> order may also require the respondent to disclose stated information relevant to the proceeding to which the order relates.

(3) An <> order may also include an injunction restraining, for a stated period of up to 7 days, anyone on whom the order is served from informing anyone else the order has been made.

(4) The court may make the order on the conditions as to the persons by whom the order is to be carried out, retention of seized items and otherwise as the court considers appropriate.

(5) The supporting affidavits for an application should include the following information--

(a) a description of the documents or other items, or the categories of documents or other items, in relation to which the order is sought;

(b) the address of the premises in relation to which the order is sought;

(c) why the applicant believes the respondent may remove, destroy or alter the relevant documents or items unless the order is made;

(d) the damage likely to be suffered by the applicant if the order is not made.

(6) The court may set aside or vary the order.

I remind you that Anton Piller orders are based on commercial grounds, the person seeking the order is stating that they stand to lose commercially and financially not spiritually. It seems straightforward if an Anton Piller order is granted to sieze and search a person's computer system and evidence is gained that that person did not use the information in any way but to pass it on to a third party then an Anton Piller order will be granted to sieze and search that third person's computer system without any requirement for evidence as to that third party being an evil apostate.

Neither John nor I could understand the rationale for the ridiculous affidavit except as an opportunity to smear John.

As you know from our private emails I respect your views and attitudes re Elan Vital but your views on people and personal relationships seem as black and white as they are in areas of less complexity and should be kept private.







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