Wednesday 12 February 2014

86. On Preparing the Factum for my Appeal.

Factum = "The statement of the Facts of a Case."

Pretend you are on the moon, or on Mars for that matter (it will happen folks).
WHAT would be considered FACTS there? Perchance, a lack of OXYGEN?... YIP!

Did you know, that OXYGEN was only a GAS that showed up late on this planet of 'ours?'
When sea plankton began creating it, through osmosis. And then, low and behold certain species, including eventually our species, beginning to, cleverly, make use of it? And now, as our life-line, can NOT live without it?

Since we NEVER addressed the FACTS of my claim (clever defense manipulation with well-timed motions to dismiss, based on my claim's purported 'frivolity' took front and center), I am now forced to address, not the FACTS of the claim, but, in FACT, what the Masters in Case Management decided was pertinent and relevant. All purported "FACTS"considered by the court being based on the text and aims of Defense Motions. There was ZERO effort spent on perusing the detailed factors of the filed claim.

This then is taking me in to the realm of the Rules of Civil Procedures (as I interpret them); the adherence thereof, or, in my appeal's case - the LACK of adherence thereto.

So THAT's what I am striving to do at the moment. Based on the 2 Transcripts, I am interpreting WHY the MASTERS, in their wisdom, although admitting they were familiar with the claim, decided to forego dealing with the facts inherent in the claim. Rather force case issues towards finding pertinent and relevant "in the circumstances," to order this now reduced claimant to appellant, to answer questions far beyond the most simple claim's factors of Contractual Non-Compliance.

 I ask again: What in heavens name does my work as a Handyman - late in my life - have ANY factual bearing, to a highly confined and specific contracted website?









 

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