Court of Appeal of the Supreme Court of New South Wales

Physical activity

His Honour is not a sportsman, evidently:

“Whilst all reasonable people know that any form of physical activity is both unpleasant and dangerous, and probably unhealthy as well; and whilst sport, which is communal physical activity, suffers the added feature of exposing its participants to the perils of tribal barbarism; nonetheless the law has never regarded the playing of sport as contrary to public policy or even unreasonable, and therefore the mere participation in sport cannot of itself constitute contributory negligence. …”

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Citation: Trevali Pty Ltd v Hadad (1989) Aust Torts Rep 80-286
Source: see attachment

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 ambiguous verse which was in turn open to endless interpretations. It all sounds like the attempt of an intermediate Court of Appeal to explain Perre v Apard Pty Ltd to trial judges and litigants.

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Citation: Keith Mason, 'Unconscious Judicial Prejudice' (Paper presented at the Supreme and Federal Courts Judges' Conference, January 2001

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, but it seems that he spent two nights a week, regularly, with the respondent and, at least according to her evidence, gave what she regarded as a plausible explanation of his absences. Presumably, over a number of years, he managed to achieve the same result with the other women. This is consistent with his apparent success as a used car salesman.

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Citation: Green v Green (1989) 17 NSWLR 343, 346.
Source: see attachment
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