In the Supreme Court of Western Australia No. 1676 of 1993
Date of Document: 23 February 1994
Filed on behalf of: The First and Second Defendants
Date of filing: 1994
Arnold Bloch Leibler Solicitor Code: 54
Solicitors & Consultants DX: 455
Level 21 Tel: 629 7444
333 Collins Street Ref: AHN:934829:KAV
MELBOURNE VIC 3000 (Mr A H Northam)
This is the exhibit marked "AHN17" referred to by ANTHONY HUGH NORTHAM in his Affidavit sworn this 23rd day of February 1994.
333 Collins Street
Our ref: AHN:TMB
4 January 1994
BY FACSIMILE TRANSMISSION
Ms Patricia Burge
Re: David John Cawdell Irving v Jeremy Jones and
Australia Israel Publications:
Further to the writer's telephone conversation with Mr Alistair Brett on 23 December 1993, we are writing to you at his suggestion.
We act for Jeremy Jones and Australia Israel Publications, the Defendants in the abovenamed proceeding, which is an action for defamation brought by Mr David Irving in the Supreme Court of Western Australia.
Because Mr Irving is a non-resident and has not given proof of any assets within the jurisdiction, we have made application to the Supreme Court of Western Australia for security for costs.
For that purpose, it is necessary for us to lead evidence on affidavit as to Mr Irving's financial position.
The writer was informed by Mr Brett on 23 December 1993, that in his action against Times Newspapers Limited in respect of the fee for the Goebbels Diaries publication, Mr Irving applied for legal aid and has been granted a provisional Certificate which entitles him to obtain senior counsel's advice as to the prospects of success of that action.
We understand that Times Newspapers Limited contracted with Mr Irving to transcribe and translate the Joseph Goebbels diaries for a fee of £75,000 and that, as a result of the ensuing dispute between Mr Irving and the Sunday Times in relation to Mr Irving's performance of the contract, Mr Irving was paid less than half of the fee of £75,000, and he has sued Times Newspapers Limited for the balance of the fee plus interest.
We would be grateful if you would kindly confirm these matters to us by return facsimile and advise the present state of affairs in relation to the action and Mr Irving's application for legal aid.
It is our desire to file an affidavit in relation to these matters this week and we would be most grateful for your assistance.
ARNOLD BLOCH LEIBLER
P.S. We have just received a copy of Mr Irving's Affidavit in a different action in the Supreme Court of Western Australia. Paragraphs 32 to 41 are herewith and would be grateful for your comments on those paragraphs.