-4-
florist's shop at Stanmore where he had a conversation with a man who said he was Tony Jeffrey and that his father ran the All Diggers Floral Service but that after a disagreement with his father he was branching off on his own and was going to run the shop at Stanmore and shops at Homebush and Campsie and wanted Neon signs at all three. After negotiations, a Lease and Maintenance Agreement dated 11 January 1972 (Exhibit 3) was concluded. The parties were Claude Neon Limited as lessor and "Tony Jeffrey, t/as All Diggers Floral Service, 216 Parramatta Road, Stanmore, N.S.W. 2048" as lessee. It bears the lessee's signature "Tony Jeffrey" under the typed description "Tony Jeffrey t/as All Diggers Floral Service", Mr. De Havilland cannot remember whether the lessee signed in his presence or handed the document to him already signed. The applicant did not recognise the signature when shown it in the witness box. I have no doubt that it is the signature of his son Anthony George Jeffrey. By 6 August 1974 $5,570.33 had become due and owing under that agreement, and Claude Neon Limited on that date issued out of the District Court of New South Wales a statement of liquidated claim (No. 34610 of 1974) for that amount and costs against "Tony Jeffrey Trading as All Diggers Floral Service unregistered business name of 216 Parramatta Road, Stanmore N.S.W.". On 19 December 1974 an affidavit (Exhibit 1) sworn on 13 December 1974 by "Anthony George Jeffrey" of 617–621 King Street, Newtown and signed "Anthony George Jeffrey" was filed by solicitors in matter No. 34610 of 1974. It verified annexed grounds of defence, and stated "I am the defendant herein". The applicant identified the signature "certainly" as his son's, and I accept that it is. A default judgment for $5,570.33 and $112 for costs (a total of $5,682.33) was recovered by Claude Neon