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Limited in this matter on 23 May 1975.
Early in 1972 Mr. De Havilland had another conversation with the same person known to him as Tony Jeffrey, who this time said that he and his father had settled their differences and wanted some Neon signs fer shops at Kogarah and Redfern. He asked for the agreement to be put in the names of Tony Jeffrey and Anthony Jeffrey. Eventually a Lease and Maintenance Agreement dated 14 September 1972 (Exhibit 2) was concluded, Claude Neon Limited being the lessor and "Tony & Anthony Jeffrey t/as All Diggers Floral Service, 8 Station Street, Kogarah 2217" the lessees, In the space for the lessees' signatures there appear the typed words "Tony and Anthony Jeffrey t/as All Diggers Floral Service", the signature "Tony Jeffrey" and the typed word "(Partner)". Again Mr. De Havilland cannot remember whether the document was signed in his presence. The applicant says that the signature is his.
The Tony Jeffrey with whom Mr. De Havilland had dealings was undoubtedly the son. He introduced Mr. De Havilland early in 1972 to a man he referred to as his father, but 1t was the son "Tony", as Mr. De Havilland called him, who negotiated with Mr. De Havilland.
Claude Leon Limited instituted proceedings in the District Court of New South Wales (No. 3611 of 1974) against "Tony Jeffrey and Anthony Jeffrey trading as All Diggers Floral Service" to recover the amount then due under the agreement of 14 September 1972, and on 19 May 1975 recovered a default judgment for $402.32 and $44 for costs ($446.32 in all).
On 19 August 1975 Claude Neon Limited caused two bankruptcy notices to be issued against "Tony Jeffrey, Shop Proprietor, of 18 Railway Street, Kogarah." One was based
