Tuesday, March 23, 2010

not a good start…

Lewis v Shimokawa [2010] HCATrans 21

MS S. NORTON, SC: Thank you, your Honours. This is an appeal from a decision of the New South Wales Court of Appeal - - -

HAYNE J: Well, no, it is an application for leave, I hate to tell you, Ms Norton.

MS NORTON: An application. I know, I have read it wrong, I am sorry. I have been sitting there too long. All right, start again. It is an application for leave to appeal from a decision of the New South Wales Court of Appeal.

Thursday, March 11, 2010

xmas presents for law geeks: the merger mystery board game

is Gummow J trying to crack a joke?

Aktas v Westpac Banking Corporation Limited & Anor [2010] HCATrans 43

        MR HALE SC:   That is correct. There was some debate about this in the Court of Appeal, but, yes, that is correct. One arm of the Bank certainly was aware of it. But the argument, at least, there was no reply. There is no contention of malice.

        GUMMOW J:   We are not worried about arms and legs. We are just worried about the Bank.

        MR HALE:   I am sorry?

        GUMMOW J:   We are not worried about arms and legs.

        MR HALE:   No.

        GUMMOW J:   We are worried about the Bank.

        MR HALE:   Yes. That clearly is one of the relevant circumstances...

Thursday, March 4, 2010

warning: prolonged litigation may cause poetic lament

Lujans v Yarrabee Coal Company Pty Ltd & Anor [2010] HCATrans 20

MR TOOMEY QC:     May it please, your Honours. I am reminded of an etching by Daumier of Monsieur l’Avocat standing outside the court with his obviously unsuccessful client beside him and he has his hands in the air and he is saying “Encore, le Cour de cassation”. This case has spent 29 days at first instance, four days in the Court of Appeal, an application for leave and a hearing here, sent back for a rehearing in the Court of Appeal, another four days, and here we are again.

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