Offer To The CEO

Monday, continued ...

During the ten minute journey to the court Anna made it clear to the bodyguards of the need to follow court and security staff direction to prevent them from getting arrested and that during the hearing while she, Hou Yi and Alfred were at the front of the court they needed to sit right at the back.

After clearing security, they quickly headed to the court room allocated for the hearing. Anna and Alfred sat at the bar table, Anna acting as if she was instructing Alfred and Hou Yi sat in the second row. As Anna directed the bodyguards sat in the backrow.

Promptly on 2:30pm, the judge entered the court room and due to not spotting a client stated "Mr Walters, where is your client? You knew when this matter was filed that your client was required."

Anna immediately stood up and turned around before addressing the court. "Your Honour, I am the appellant Anna Hou. I am an officer of the court and known professionally as Anna Jones. Given the nature of the mater and as a lawyer employed by my legal representatives I have decided to instruct in my case."

"Mrs Hou, while technically you can do this, I prefer lawyers, unless they self-represent to sit as if they are a party to prevent perceptions of bias in judgements made and minimising appeal potential. Given this is an ex-parte hearing, you can sit beside Mr Walters rather than acting as an instructing solicitor."

After a brief pause the judge continued "Mr Walters, Mrs Hou, I have had the opportunity to read all the material filed on your behalf Mrs Hou. In all the circumstances it is clearly a matter for an urgent ex-parte hearing, and I have dictated formal reasons for my decision, particularly given the potential of permanent removal of assets from Australia. Once they are prepared and reviewed, they will be emailed to you along with a copy of my formal orders and a transcript from the hearing. I have certain remarks I want clearly on the court record in this matter."

"Due to the information in Mr and Mrs Hou's affidavits, subject to the law in Country X, there is the possibility of jurisdiction there. However, given Mrs Hou's relationship with the respondent Mr Jinhu Lu occurred in Australia, there is the basis for orders to be made here."

"Based on those same affidavits and those of others in support of the application including Mr Walters and Mr Stan Williams, both legal practitioners, I am satisfied that there is sufficient doubt that Mrs Hou signed the actual orders that are the subject of this Application."

"Given this lack of certainty as to the authenticity of the signature alleged to be Mrs Hou's on the orders I will be directing that court staff select at random 10 different files where Mrs Hou was involved with and provide copies of her signature from those, eliminating all other identifying details to protect the parties involved in those matters."

"Mrs Hou is directed to arrange for appropriate forensic analysis on the signature contained in the order, in those random sample documents and her material as soon as possible. The analysis report is to be provided to the court within eight weeks of today. Assuming the analysis confirms Mrs Hou's contention that it is not her signature, Mr Lu will be required to reimburse Mrs Hou for the cost of the analysis."

"I am ordering that the orders in question are hereby revoked by this court. Regardless of any questions as to Mrs Hou's signature on the documents, the orders in and of themselves are inherently against all the rules of natural justice, as they provide Mr Lu receive almost 100% of the assets and the Appellant takes 100% of the debt."

"Mrs Hou is required to personally serve on Mr Lu the application, supporting documentation, the orders in this matter, my reasons for decision and a transcript of today's proceedings. Mr Walters, you and ANX Lawyers, as the lawyers of record are to also arrange for these to be served on the Respondent's practitioners as in the orders. Affidavits of service are to be filed as soon as possible after service, with Mrs Hou's affidavit to be witnessed by an Australia Embassy Official in Country X."

"Despite my view as to Mrs Hou being entitled to a larger share of the assets of the relationship, I will order in default of any other orders being filed, that the orders as sort in Mrs Hou's material be made. The only change will be if the analysis confirms that the documents do not contain Mrs Hou's signature where Mr Lu will be required to pay all of Mrs Hou's legal fees and disbursements plus a further ten percent of the value of the asset pool to Mrs Hou."

"Mr Walters, Mrs Hou there will be a number of ancillary procedural orders but my reason for decision will detail why each one of these are made, including if it can be established and is appropriate for an audio visual link or teleconference link to Country X if required in this matter so that both you and Mr Lu do not have to return here for a hearing Mrs Hou."

"If the orders, reasons for decision and transcript are not available today, they will be made available first thing in the morning. Mrs Hou, please provide my associate with your email address so I can ensure copies of everything are emailed to you for you to print and serve them on Mr Lu."

"Yes, Your Honour."

Anna and Alfred realised that the matter was finalised and exited the courtroom after Anna gave the associate her email. Once outside Anna turned to Alfred and said "I only expected a stay on the original orders until the issue of my signature was resolved. "

"Anna, you were lucky. When I was filing the documents, Her Honour was in the registry and overheard my conversation with the court staff. She reviewed the documents and ordered an immediate listing of the case. The extent of her orders even shocked me particularly the orders regarding what is to happen when the analysis is complete. Lu Jinhu has no opportunity to argue about different orders. The court has already condemned him."

With that they left the court and returned to ANX Lawyers. Jodie Hughes was still working on packing her office but confirmed that arrangements would be made to deliver them to her tonight at the hotel. Anna picked up her laptop before returning with Hou Yi to the hotel.

On entering their suite, an exhausted Anna collapsed on the bed in such a deep sleep that Hou Yi could not wake her to change or even eat tea. He carefully changed Anna into her pyjamas before settling her into bed and went off and did work remotely with headquarters. Before heading to bed, he had a cold salad sent up and placed this in the refrigerator for Anna in case she woke up hungry and left a note as to its location. Anna, however, did not wake until 8am Tuesday.