Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 171

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                  On brief, petitioner alleges, and asks us to infer from the                              
            record, that Mme. Koo's age, the length of the journey from Hong                               
            Kong, where she allegedly resided, to San Francisco, where, at                                 
            the request of petitioner, trial was held, and the scheduling of                               
            the trial herein prevented her attendance at trial.46  When the                                

            46  We note first that petitioner could have requested, but did                                
            not request, that trial be held in Hawaii, which might have ame-                               
            liorated the alleged difficulty of Mme. Koo's traveling to San                                 
            Francisco where the trial was held.  We also note that petition-                               
            er's contentions appear to be inconsistent.  If Mme. Koo's ina-                                
            bility to attend trial was due to her age and the distance that                                
            she may have had to travel to San Francisco, those circumstances                               
            could not have been ameliorated by the scheduling of the trial.                                
            Petitioner also suggests on brief that Mme. Koo made travel                                    
            plans in reliance on the Court's indication in a telephonic con-                               
            ference call with counsel for the parties prior to the start of                                
            the trial session on which these cases were calendared that it                                 
            would try to schedule the trial of these cases in the second week                              
            of its session.  Petitioner, in his application to take Mme.                                   
            Koo's deposition that was lodged with the Court on May 10, 1994,                               
            well after the record in these cases was closed, further alleges                               
            that Mme. Koo planned to travel to the United States on July 15,                               
            1994.  Petitioner's suggestion that Mme. Koo made travel plans in                              
            reliance on the Court's comment in a telephonic conference with                                
            counsel for the parties and his representation in his application                              
            to take her deposition well after trial indicate that Mme. Koo                                 
            was able to travel, which undercuts petitioner's contention that                               
            Mme. Koo did not testify because of the difficulty of traveling                                
            from Hong Kong to San Francisco.                                                               
            Petitioner's contention that Mme. Koo's failure to testify                                     
            was attributable to the scheduling of the trial in these cases is                              
            contrary to the record herein.  While the Court did indicate dur-                              
            ing a telephonic conference with counsel for the parties prior to                              
            the calendar call that it would attempt to schedule the trial in                               
            these cases during the second week of its trial session in San                                 
            Francisco, it emphasized that it could not assure petitioner that                              
            it could accommodate him by scheduling the trial during that                                   
                                                                            (continued...)                 







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