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Back to the Percy Saga
 Download the judges decision. 1.1 meg PDF

 The verdict was handed down June 19 08 after months of waiting. The judges order;

1. Give leave to the plaintiff to amend the title of the claim from Radcliffe to Morris. (Bob's note, name change due to recent marriage)

2. Order the department of natural resources by it's appropriate officer substitute the name of Cathryn Alice Morris for Michael Joseph cotter on the lease of Middle Percy Island.

3. Order the defendant to vacate the island by not later than 31st July 2008.

4.Order the defendant remove all personal effects from the island including any vehicles, vessel or vessels, chattels or effects owned by the defendant from the island not later than 31st July 2008.

5. Order the defendant pay the plaintiffs costs of and incidental to the action to be agreed or assessed.

6. I give liberty to apply within 28 days.

catch words: Unconscionable conduct-undue influence

And so begins 14 pages of careful event by event reconstruction of the arguments and the judges decisions on each point. One note to make, on page 8 para 47 of the decision there is a comment that refers to a statement made on an 'email to one Bob Norson' from Cotter. This is partly in error. The statement referred to was included in a press release from Cotter that was originally sent by email but was not private correspondence.


Cathryn and John Morris have no boat suitable for the voyage to the island and ask the cruising fleet to assist if a vessel is willing. A vessel departing from Mackay would suit. Also, if someone out there has a vessel in seaworthy condition that they can sell cheaply or better yet, donate to them it would be gratefully received. Please contact TCP by email or phone (07 4125 7328) and your offer will be forwarded.

And then??? That's up to the owners and the department of natural resources and the generosity of the cruising fleet. TCP will post information as it becomes available. All vessels sailing to the island are encouraged to assess and document the condition and status of the islands facilities. Please send TCP your pics and comments.