Stuart gets scratchy

Sydney and the world have been agog and uplifted with the story of Stuart Meredith Littlemore giving his neighbour's car a nasty scratch with a key ... From Justinian's archive December 2002

Mrs Sylvester in her scratched SaabOn Saturday November 2 at 8.40 am, the mighty silk strode past hairdresser Barbara Sylvester's gleaming Saab convertible, parked quite properly outside her garage, and slashed the duco across two panels with a brass Yale-type key.

She was sitting in it consulting a street directory. 

Immediately she leapt out and wacked him with her Gregory's. 

"Madam, take your hands off me and don't park your car there," Meredith told the distressed Mrs Sylvester. 

The Sydney Morning Herald followed it up on December 14, and Littlemore denied the allegation.

"Of course it's not true ... Please be careful. I don't want to sue anybody for defamation."  

Woof, woof. 

Channel Nine's A Current Affair did a wonderful "interview" with Littlemore as a strode through the city streets, hands in his pockets, ignoring impertinent questions, wearing a gormless expression on his mug. 

It was most entertaining for his many "fans" in the Sydney legal fraternity. 

Mrs Sylvester reported the matter to the Paddington police. The police report was due to be completed on December 19 and will be sent to the police prosecution branch for consideration.

Since then, Stu has made his own complaint to the Paddington coppers, today Friday, December 20. He claims he's been blackmailed by another neighbour (and an acclomplice) who also experienced the delights of a scratched car on or about November 2. It sounds like a lot of fun around in Kilminster Lane, Woollahra. 

This morning Littlemore issued the following ludicrous announcement:  

"Paddington detectives are investigating an attempt to blackmail Mr Stuart Littlemore QC. 

Mr Littlemore has handed police three documents and made a detailed statement about an incident last night when a woman threatened to make a false allegation against him to police of malicious damage to a motor car unless he paid her money.

Detectives are expected to interview two women about the matter.

Mr Littlemore will make no further statement about the matter until the completion of the police investigation, and asks that his privacy be respected." 

Littlemore has also been on the blower today to newspaper lawyers saying he doesn't want to be disturbed by journalists. 

As for poor Mrs Sylvester, Littlemore got solicitor John Bettens to send her a heavy deed of release.

The proposal is she'll get $1,160.25 for repairs to her Saab to be paid by MRS Littlemore, if you please - as long as the complaint to the police is withdrawn, she acknowledges that Stuart Meredith Littlemore is not liable, and she doesn't say anything hurtful about the lovely fellow.

Most wisely Mrs Sylvester hasn't signed this doozey of a deed, which we produce here for your spiritual uplift. 

THIS DEED OF RELEASE is made at Sydney on … December 2002

PARTIES

ALLISON LITTLEMORE of 5 Kilminster Lane, Woollahra, in the State of New South Wales (Allison)

STUART LITTLEMORE of 5 Kilminster Lane, Woollahra, in the State of New South Wales (Stuart)

BARBARA SYLVESTER of 29 Ocean Street, Woollahra, in the State of New South Wales (Barbara)

RECITALS 

A.  Barbara alleges that on the 2 November 2002 in Kilminster Lane, Woollahra Stuart deliberately damaged her Saab motor vehicle ("the incident'). 

B.  Stuart denies that he deliberately, or otherwise damaged Barbara's motor vehicle. 

C.  Allison drove a motor vehicle north along Kilminster Lane at about the time of the incident. 

D.  Barbara alleges that as a result of the incident she has suffered damage to her motor vehicle and that the cost of repairing the damage is $1,160.25. 

E.  Barbara alleges that as a result of the incident she will suffer the cost of hiring a vehicle for one week while her vehicle is being repaired. 

F.  Barbara alleges that as a result of the incident she has suffered and continues to suffer mental and emotional injuries. 

G.  Discussions have taken place between Barbara and the solicitor for Allison and Stuart. 

H.  Without admissions of liability the parties have agreed to resolve all issues arising from the incident on terms and conditions contained in this deed. 

IT IS AGREED: 

1 DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this deed, unless the context clearly indicates otherwise: 

Claim means any action, complaint, suit, proceedings, claim or demand, or any legal, administrative, governmental, arbitral, or other proceedings or investigation. 

Confidential Information means the terms of this deed, and all confidential information and material disclosed or provided in any form by any party to any other party in connection with the subject matter of this deed. 

Released Persons means Allison and Stuart. 

Settlement Sum means the sum of $1,160.25. 

1.2 Interpretation

In this deed, unless the context clearly indicates otherwise:  

(a) a reference to a right or obligation of a party is a reference is a reference (sic) to a right or obligation of that party under this deed; 

(b) a requirement to do any thing includes a requirement to cause that thing to be done; 

(c) a requirement to not to do anything includes a requirement to prevent that thing being done; 

(d) clause headings are inserted for convenience only and must not be used when interpreting this deed; 

(e) monetary amounts are expressed in Australian dollars; and 

(f) a reference to a natural person includes their personal representative, successors and permitted assigns. 

2 PAYMENT 

2.1 Settlement sum 

Allison will pay to Barbara the settlement sum within seven days of her solicitor receiving a duly executed copy of this deed. 

2.2 Acknowledgment by Barbara 

Barbara acknowledges that Allison pays the settlement sum without any admission that she is in any way liable to Barbara in respect of the incident, and without any admission by Stuart that he is in any way liable to Barbara in respect of the incident. 

3 RELEASE AND INDEMNITY

3.1 Release and Indemnity by Barbara

Barbara:  

(a) releases and forever discharges Allison and Stuart from any Claim which Barbara has, or but for this deed may have, against any of them in respect of, or in connection with, the incident; 

(b) indemnifies Allison and Stuart from and against all and any Claims brought against any of them by or on behalf of them in relation to the incident; and 

(c) covenants, warrants and undertakes with and to Allison and Stuart not to bring or make any Claim against any of them in respect of, or in connection with, or incidental to, the incident.

3.2 Acknowledgement (sic) by Barbara

Barbara acknowledges that, notwithstanding any rule of law or equity to the contrary, the releases, discharges, indemnities, covenants, warranties and undertakings in clause 3.1 may be relied upon or enforced or pleaded by Allison and Stuart as a bar to any claim which may be brought or made by or on behalf of Barbara. 

4 CONFIDENTIALITY 

4.1 Obligation

Each party must maintain in confidence all Confidential Information and ensure that the Confidential Information is kept confidential. 

4.2 Exceptions to Confidentiality

A party may make disclosure in relation to this Deed only in respect of the following circumstances:  

(a) to their solicitors; 

(b) to comply with any applicable law, or any requirement of any law; and 

(d) (sic) to enforce his or her rights or to defend any claim or action whether under this Deed, or otherwise, including, in particular, to bring any action, or to include this Deed in evidence in any court with respect to such rights or claim. 

5 WITHDRAWAL OF COMPLAINT

Barbara agrees that within three days of receiving the settlement sum she will withdraw in writing a complaint she made to an officer of the new South Wales Police Service in respect of the incident, and further she agrees that such written withdrawal will be in the following terms to the officer in charge of Paddington Police Station:  

"I, Barbara Sylvester of 29 Ocean Street, Woollahra, hereby unreservedly withdraw the allegation I made to Constable Delazza in which I alleged that a male person who I now know to be Stuart Littlemore, deliberately damaged my motor vehicle." 

6 NON-DISPARAGEMENT

The parties must not make any comment to any person that is disparaging of, or is likely to detrimentally effect the reputation or standing of any party to this Deed. 

7 COSTS AND EXPENSES

Each party must pay its own costs and expenses in respect of the negotiation, preparation, execution and delivery of this deed. 

8 GENERAL

8.1 Warranties of capacity

Each party warrants to each other party that:  

(a) this deed creates legal, valid and binding obligations, enforceable against the relevant party in accordance with its terms; and 

(b) unless otherwise stated, it has not entered into this deed in the capacity of trustee of any trust. 

8.2 Power of attorney

If an attorney executes this deed on behalf of any party, the attorney declares that it has no notice of the revocation of that power of attorney. 

8.3 Waiver

A right created by this deed cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver of a right (either wholly or in part) by a party operate a a (sic) subsequent waiver of the same right or of any other right of that party. 

8.4 Further assurances

Each party must promptly execute all documents and do all things necessary or desirable to give full effect to the arrangements contained in this deed. 

8.5 Governing law and jurisdiction

The laws of new South Wales govern this deed. 

8.6 Severance 

If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this deed without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect. 

8.7 Counterparts

This deed may be executed in any number of counterparts and by the parties on separate counterparts. All counterparts taken together constitute one instrument. 

EXECUTED AS A DEED

SIGNED, sealed and delivered by  
ALLISON LITTLEMORE in the presence of: …………………………….

……………………………………………….. 
Witness

……………………………………………….. 
Print name 

SIGNED, sealed and delivered by  
STUART LITTLEMORE in the presence of: ……………………………

………………………………………………. 
Witness

………………………………………………. 
Print name 

SIGNED, sealed and delivered by  
BARBARA SYLVESTER in the presence of: ……………………………

……………………………………………… 
Witness

……………………………………………… 
Print name