In a bizarre post on Facebook, queer publisher and former gay sex venue king Ray Mackereth wrote “it could not have been a clearer victory” and that it would be “an unlikely event” that the case would proceed, referring to a Fair Work court claim that alleges he was an accessory to serious contraventions of labour laws.
However his post brought fits of laughter from those close to Brenton Larcombe, who is bringing the claim against Mr Mackereth. Mr Larcombe’s partner Deeje Hancock was barely able to complete his sentences while talking with Raymackereth.com.
Finally he was able to spit out between giggling “Oh he (Mr Mackereth) must not have been in the same court room as I was yesterday.
“While it is true that some of Brenton’s documentation has to be re-worked and re-filed, that is because he is self-represented and is learning as he goes, while Mackereth has the best legal team that Brenton’s money can buy.
“The judge was awesome, because Brenton asked for heaps of documents in a discovery application so he could show to the court just how colourful a businessman Mackereth was. But the judge wanted to get to the point of things and in doing so he streamlined the whole case,” Hancock explained.
“The judge said that he thinks all we need are three witnesses and the documents held by the liquidator. So now it is all about Brenton, Mackereth and importantly the liquidator, who will able to talk directly – and be cross examined as an expert – about the questionable or down right unlawful corporate behaviour of Mr Mackereth,” he added.
Mr Hancock also says that Mr Larcombe’s quest to have Mr Mackereth face the music just got a whole lot easier. “This also means the trial has been compressed. It is all good news for Brenton. Even the judge thinks it will only take a day, but he set it down for two just in case,” he said.
“So Brenton has to file one more document after seeking legal advice and the liquidator will really do the rest, by going through the story the document tells. Big deal. Mackereth thinks that is an “unlikely event”. Brenton has been waiting two years to get what is owing, and for that man to do the right thing,” Mr Hancock claimed.
Mr Mackereth’s post that would have people believe that Judge Burnett basically ended the case could not be further from the truth, according to Mr Hancock. “The judge has given Brenton a full month to get the documents re-filed and has agreed that both the adverse action claim for sacking Brenton while on sick leave is in, plus the Fair Work Act contraventions are still in play.
“As the judge said “the answers lie in the books, they always do”. Now Brenton can focus his revised claim on the precise areas that judge wants to hear from,” Hancock said.
Mr Hancock also said it was “strange” that Mr Mackereth thought it was important to note in his post that “all witnesses will be subject to cross examination”. Still laughing he said “no shit Sherlock, that is what happens in a court room. I don’t think the case will be resolved by a pillow fight.”
He also said that this early call of victory was Mr Mackereth’s George W Bush moment, making reference to the “Mission Accomplished” sign hoisted over ten years ago about the war in Iraq that is still being fought today, albeit with a different context.
To clear up which camp was closer to the mark, your friends at raymackereth.com thought we’d check, so off we went to the court order which said the following word for word:
http://oceanadesigns.net/envira/bamboo/ THE COURT ORDERS:
click here 1. That the application in a case filed 7 July 2014 be dismissed.
2. That the amended application in a case filed 22 September 2014 be dismissed.
3. That the amended application in a case for summary judgment filed 22 September 2014 be dismissed.
4. That the application in a case for disclosure filed 4 September 2014 be dismissed.
5. That the amended Form 4 claim filed 31 July 2014 be struck out.
6. That the applicant file and serve a further amended Form 4 claim by 4.00pm on 12 November 2014.
7. That the respondent file and serve any response to the further amended claim by 4.00pm on 17 December 2014.
8. That the respondent file and serve any further material in response by 4.00pm on 6 February 2015.
9. That the applicant be given leave to make an application for non-party disclosure against the liquidator of Klub Kruise Pty Ltd (In Liq).
10. That there be further mediation of the matter before a registrar of the court on or before 4.00pm on 29 May 2015.
11. That the matter be listed for hearing of two (2) days’ duration commencing at 10.00am on 17 August 2015.
12. That the parties have liberty to apply.
These 12 points do appear to confirm Mr Hancock’s take that Mr Mackereth may have jumped the gun when he wrote “now I can move on with my life and focus on real things that matter”. Mr Hancock said in response “I am surprised that the misappropriation of employee entitlements and superannuation, all while sacking Brenton when while on sick leave, from the bullying that WorkCover found was at the hands of Mackereth, are not “real things” that matter to him. I bet by the time this case is over they will. They will be abundantly real.”
Mr Hancock finished the interview asking if he could give Mr Mackereth some gratuitous advice in response to his FB post. It went as follows:
Look pet, the dates are set out clearly and I know that you were not so crash hot when it came to filing your amended reply – remember it was a week late because those meanies on social media and that meanie Brenton exercising his lawful right to sue you – made you sad.
While you would like to “get on with your life” and spend your time with charities rather than taking responsibility closer to home, you should pay particular attention to 12 November 2014 (oh and special attention to 17 December as a week late would be Christmas – literally) and the early part of 2015, because honey, the judge has let Brenton subpoena the books and oh what fine reading that will make. And then when that is done, the liquidator will tell the court about how you ran up $190K of debts you could not pay when due. Cross examine that sweetheart.