Archive
Category: Judicial Quotations
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Alice in Wonderland Interpretations
With admirable concision and characteristic literary flair, Lord Atkin describes his reasons for dissent in Liversidge v Anderson [1942] AC 206: I know of only one authority which might justify the suggested method of construction: “‘When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it… Read more →
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A Delphic Prophecy
President Mason offers a mythical allusion to the ‘disjointed babblings’ of the Delphic oracle: At ancient Delphi the oracle spoke to Apollo’s chosen intermediary. Originally a male monster (python), she had evolved in later mythology into a wise middle aged woman. Nevertheless, her disjointed babblings were recorded by attendant (male) priests who rendered them into… Read more →
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A benevolent Court and the hopeless application
A friend forwarded me this judgment, which illustrates the patience our courts show to litigants in person (even those alleging the existence of secret masonic conspiracies) — particularly when, as in this case, an interesting (if obscure) point of criminal procedure is raised. This judgment of the Full Court concerns an ex parte application to… Read more →
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Archibald Interrupted
It’s not every day that one of the country’s leading silks is interrupted during argument by a member of the public. In this astonishing transcript, forwarded by a colleague, a litigant bursts into Court demanding to be heard. Finkelstein J, to his Honour’s credit, grants her the benefit of the doubt. The highlight is probably… Read more →
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The secret of drafting legal documents
How do we interpret a formal commercial agreement if it is ambiguous and we have reason to believe that its draftsman did not have a deep understanding of the relevant law? I think that is what this case is about. The secret of drafting legal documents was best described by Nicolas Boileau, who was not… Read more →
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Wise and learned Queen’s Counsel
His Honour passes on sound advice concerning the intuitive or ‘gut feeling’ test: [1] When I was a young solicitor, a wise and learned Queen’s Counsel gave me this sound advice, ‘If you have had a look at the law and the result does not make common sense, then go and have another look at… Read more →
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A singular merit
Speaking of s 213 of the Copyright, Designs and Patents Act 1988 (UK), Jacob LJ expresses this rather unflattering assessment of legislative drafting and intendment (citations omitted): It has the merit of being short. It has no other. Jonathan Parker J considerably understated the position, when he said ‘regrettably, the drafting of s 213 leaves… Read more →
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Persuasive reasoning
A moment of candid judicial self-assessment from Vincent JA. Hat tip to Myles for sending in this gem. Perhaps not unsurprisingly, I find my own reasoning in Arundell quite persuasive and am comforted that other members of the Court agree that the decision was correct. R v Roussety [2008] VSCA 259 (Unreported, Vincent, Nettle, Ashley,… Read more →
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A convenient citation
It seems that Mr Justice Lehane is not immune from self-citation, but — quite properly — only where the principles are well-settled and not in dispute: [138] The principles being, I think, to that extent uncontroversial, perhaps I may be excused for referring simply to Meagher, Gummow and Lehane, Equity: Doctrines and Remedies 3rd ed… Read more →
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Used car salesman
Despite his Honour’s stern warning against judicial humour, Chief Justice Murray Gleeson appears to possess quite the penchant for its subtler forms: The deceased appears to have maintained simultaneous domestic establishments with all three women and their respective children. In terms of division of his time he appears to have given preference to Margaret Green,… Read more →