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Wednesday, 3 August 1921

In the Supreme Court, 1921, Herbert John Streeter, plaintiff, William Ambrose Cull, Gilbert Joseph Cullen Dyett, and Robert Alexandra Lowry, defendants. This is the copy agreement marked with the letter (a) produced, and shown to Herbert John Streeter, at the time of swearing his affidavit this 23rd day of February, 1921, before me, Harold Cohen, Commissioner of the Supreme Court of Victoria for taking affidavits.

I find further there is a letter to Messrs. Lynch, Macdonald, and Elliott, in reply to the other letter, which is also headed Streeter versus Cull and others - Anzac tweed industry.On noticing that, I asked Mr. Kealy, of the Repatriation Department, who brought the file to me, to ascertain if there was a case before the Court dealing with this matter, and Mr. Kealy gave me the following statement: -

I am informed by Mr. J. C. McPhee, Secretary to the Repatriation Commission, that, so far as the Court was concerned, it was left to the counsel for both parties to come to an agreement. Messrs. Derham, Robertson, and Derham, counsel for the trustees, have been in touch with counsel for the other side, but, so far, the case is not settled.

T.   A. Kealy. 3rd August, 1921.

It therefore appears that this matter is the subject of a lawsuit, and I ask your ruling, Mr. President, as to whether this matter can be discussed while the matter is sub judice.

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