In the Supreme Court of Western Australia         No. 1676 of 1993

BETWEEN:

DAVID JOHN CAWDELL IRVING

Plaintiff

- and -

JEREMY JONES

First Defendant

- and -

AUSTRALIA ISRAEL PUBLICATIONS

Second Defendant

EXHIBIT NOTE

Date of Document: 23 February 1994

Filed on behalf of: The First and Second Defendants

Date of filing: 1994

Prepared by:

Arnold Bloch Leibler Solicitor Code: 54

Solicitors & Consultants DX: 455

Level 21 Tel: 629 7444

333 Collins Street Ref: AHN:934829:KAV

MELBOURNE VIC 3000 (Mr A H Northam)

This is the exhibit marked "AHN17" referred to by ANTHONY HUGH NORTHAM in his Affidavit sworn this 23rd day of February 1994.

Our ref: AHN:TMB
File No 934829

4 January 1994

BY FACSIMILE TRANSMISSION

Ms Patricia Burge
Solicitor
Times Newspapers Limited
WAPPING UK

Dear Madam,

Re: David John Cawdell Irving v Jeremy Jones and Australia Israel Publications:
Supreme Court of Western Australia No 1676 of 1993

Further to the writer's telephone conversation with Mr Alistair Brett on 23 December 1993, we are writing to you at his suggestion.

We act for Jeremy Jones and Australia Israel Publications, the Defendants in the abovenamed proceeding, which is an action for defamation brought by Mr David Irving in the Supreme Court of Western Australia.

Because Mr Irving is a non-resident and has not given proof of any assets within the jurisdiction, we have made application to the Supreme Court of Western Australia for security for costs.

For that purpose, it is necessary for us to lead evidence on affidavit as to Mr Irving's financial position.

The writer was informed by Mr Brett on 23 December 1993, that in his action against Times Newspapers Limited in respect of the fee for the Goebbels Diaries publication, Mr Irving applied for legal aid and has been granted a provisional Certificate which entitles him to obtain senior counsel's advice as to the prospects of success of that action.

We understand that Times Newspapers Limited contracted with Mr Irving to transcribe and translate the Joseph Goebbels diaries for a fee of £75,000 and that, as a result of the ensuing dispute between Mr Irving and the Sunday Times in relation to Mr Irving's performance of the contract, Mr Irving was paid less than half of the fee of £75,000, and he has sued Times Newspapers Limited for the balance of the fee plus interest.

We would be grateful if you would kindly confirm these matters to us by return facsimile and advise the present state of affairs in relation to the action and Mr Irving's application for legal aid.

It is our desire to file an affidavit in relation to these matters this week and we would be most grateful for your assistance.

Yours faithfully

ARNOLD BLOCH LEIBLER
HUGH NORTHAM

Partner

P.S. We have just received a copy of Mr Irving's Affidavit in a different action in the Supreme Court of Western Australia. Paragraphs 32 to 41 are herewith and would be grateful for your comments on those paragraphs.