Court Procedures Rules 2006

(see r 6710 (Affidavit—form))

In the Magistrates Court of the Australian Capital Territory

No MC                        of 2010

Dale Godwin

Director

ACT Aviaries Pty Ltd ACN 008 999 979

Plaintiff

Parklife Pty Ltd ACN 004 085 616

Defendant

On 30 July, 2011, I Dale Arthur Godwin of 32 Gamor Street

Waramanga, ACT 2611, solemnly affirm—

I am the Director and Owner of ACT Aviaries Pty Ltd.

On 3 April 2011, I spoke to Eric Sully, Director of Parklife Pty Ltd about building a butterfly enclosure. He said that butterflies have short life cycles and many butterflies had died off in Canberra’s bushfires. He said that the ACT Government had given him their support to increase the butterfly population in Canberra back to sustainable levels by building a butterfly park.

On 12 April 2011, having received legal advice, I signed an agreement with Parklife Pty Ltd to build the enclosure.

On 1 May to 3 May 2011, I installed a butterfly enclosure at the Mount Stromlo Butterfly Park pursuant to the agreement. I had purchased the materials at Bunnings in Fyshwick on 28 April 2011.

The enclosure is easily removed. I ensured that this was the case by cementing braces into the ground, rather than cementing the foundation poles of the installation directly into the ground. Some of the railings are attached to the main compound with screws and sealant. These can be easily removed with a screwdriver or a heat gun and a putty knife. The canvass sheets only need to be untied.

On 3 June 2011, Eric Sully called me to notify me that Parklife Pty Ltd had lost its financial backing and had filed for voluntary administration and was in liquidation. He had not paid the bill for the enclosure.

I had left approximately $800 worth of surplus aluminium railings at the Butterfly Park site for future maintenance.

On 5 June 2011, when I notified Eric that I intended to collect these railings, Eric notified me that the employees of Parklife had combined them with other material around the site (that didn’t belong to me) to make model butterflies. He said that they had given these to Weston Primary School. He said that the Weston Primary School Parents and Community Association was very grateful and donated $1000 to the Butterfly Park.

On 6 May 2011, I offered to Eric 50 bird cages for sale each at $50. I said “until you pay the bill, I keep ownership and you keep the proceeds for me.” He agreed, but we didn’t put anything in writing.

On 3 June 2011, I asked for the bird cages back and he said “But they’re selling like hotcakes. I’ve sold 35 already for $80 each. Don’t worry, I’ll save them for the gift shop and keep the proceeds in a special piggy bank.” I agreed.

At the end of the body of the affidavit:

*[Sworn/Affirmed] by (full name):

(signature of person making affidavit)

at (place) in the presence of:

(signature of person before whom affidavit is made)

(Full name of person before whom affidavit is made) of (address)

*[Justice of the Peace/Barrister/Solicitor/(other)]

Note         If the affidavit extends over more than 1 page, the person making the affidavit and the person taking the affidavit must sign or initial each page of the affidavit (see r 6715 (1) (Affidavit—taking of)).

*omit if, or whichever is, inapplicable

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