Pauline Read’s Kulaksiz 5 interview – part 5

Polly Marples: So now you had another property to obtain a temporary injunction on. The attempt to secure all the properties on Kulaksiz 5 by paying £5000 each and selling off the landowners property (the one remaining unsold property) had failed. You must have felt that this action for Breach of Contract was imperative?

Pauline: Yes indeed. In fact after another meeting with my Advocate it was decided that we launch a further legal Action, this time including Akfinans Bank in our Petition.

Polly Marples: Oh, that’s interesting, on what basis and exactly when and where did you lodge the papers for this case?

Pauline: The case was lodged claiming that, a) I had a prior interest due to the fact that my Contract was signed and Stamp Duty paid before the Akfinans Bank advance of the mortgage money. b) Akfinans did not observe due diligence in that they did not check if the land had been built on or sold to anyone else and that they did therefore negligently and recklessly put the Bank’s money at risk (investment account holders’ money.) Also at my instigation, we had obtained an agreement from Abdurrahman Guney, the then Director of Kulaksiz Construction Limited, to appear in Court and confirm that yes, the Bank were made aware that the properties they were giving mortgages on had been sold.

Polly Marples: Pretty heady stuff. So when and where was that case lodged?

Pauline: We lodged the new case with Girne District Court on Friday 20th February 2009.

Polly Marples: So now you had two cases running simultaneously with the same court. That must have been confusing for you?

Pauline: Strangely, no it wasn’t, my mind was totally focused on both cases, I was aware that case number 2 could have significant and positive knock on effects for all the residents of Kulaksiz 5.

Polly Marples: During these many court hearings to make the Injunctions permanent, did you ever get frustrated with the situation?

Pauline: Oh yes, many hearings were adjourned simply because the defendant did not bother to turn up and on one occasion neither did their Advocate. I was incensed; the new date was always given at the end of the preceding hearing so there was no excuse. I was particularly angry at hearing number 17 when neither turned up and I told my Advocate in no uncertain terms that they were treating us, the court and the Judge with total disdain..

Polly Marples: So what was happening with case number 2 at this point?

Pauline: Well this was also now being heard at Girne District Court but after several hearings there, the Judge (not Mehmet Turker) decided that the case was too important for the District Court and it would be better for it to be moved to the High Court in Lefkoşa. I now believe it was a little motivated by the old ‘passing the buck syndrome’

Polly Marples: So what was the procedure for taking a case from the District Court to the High Court?

Pauline: My Advocate decided to have an informal chat with a High Court Judge to see what the probability of success would be at the High Court.

Polly Marple: That sounds a little strange but what was the outcome of the ‘chat’?

Pauline: The Judge was not optimistic at our chances of success with the case in the High Court.

Polly Marples: That must have been very disappointing for you? So what did you do?

Pauline: We decided that perhaps it would be better to go directly for an Appeal against the Court Order given by Judge Mehmet Turker on the 20th November 2008.

Polly Marples: So whilst all this ‘other’ stuff was going on, what was happening with the Injunctions being made permanent?

Pauline: Oh that too was getting exciting. The Judge eventually got fed up with the shilly shallying of the Builder and his Advocate and on the 8th April 2009 when they dynamic duo had failed to show again, a phone call was made to them, ordering them to the court. When they arrived the Judge saw us all in Chambers and signed the necessary document to make the Injunctions permanent. The look on their face was indescribable.


————– Part 6 to follow ————

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