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

Logically incontestable

This case concerned the proper interpretation of the conciliation and arbitration power in the Australian Constitution. One submission by counsel for the states was that disputes are either industrial or non-industrial, an argument which Sir Victor Windeyer ironically described in the following terms:

Counsel for the States started with the proposition that disputes are either industrial or not industrial. That is logically incontestable; and, as was said by counsel in Repton v Hodgson in a sentence which Jordan CJ brought to light in an essay, ‘Like Sinclair’s well-known division of sleeping into two sorts, namely, sleeping with or sleeping without a nightcap, it would seem to exhaust the subject’. But the presence or absence of the quality ‘industrial’ in a dispute is not as indisputably apparent as the presence or absence of a nightcap on a sleeper.  Read more »

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Citation: Ex parte Professional Engineers Association (1959) 107 CLR 208, 272.
Source: see attachment

A wrong thing

Sir Ninian Stephen’s oft-cited epigram on a fundamental matter of statutory interpretation:

To read words into any statute is a strong thing and, in the absence of clear necessity, a wrong thing …

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Citation: Western Australia v Commonwealth (1975) 134 CLR 201, 251.
Source: see attachment

This case is rehearsed // reversed

Brown was accused of a drug offence. One of his key witnesses was unavailable at trial. Judge Harrison of the Court of Appeals of Georgia refused to grant an adjournment, and Brown was convicted as a result. On appeal, the defendant argued that a miscarriage of justice had occurred. Reversing the decision of Judge Harrison, the Court of Appeal ordered a retrial. In allowing the appeal, one member of the Court -- Evans J -- took the unconventional measure of giving his reasons in rhyming couplets -- apparently in response to a challenge issued by Judge Harrison one year previously. The poem is, with respect to Evans J, not in the league of Yeats or Auden -- indeed, his Honour is the first to observe that 'the language used, at best, is mere doggerel' and, perhaps by way of justification, that it was 'no easy task to write the opinion in rhyme'. We do not have such things in Australia.

The D A was ready
His case was red-hot.
Defendant was present,
His witness was not.[fn1]

He prayed one day’s delay
From His honor the judge.
But his plea was not granted
The Court would not budge.[fn2]

So the jury was empanelled
All twelve good and true
But without his main witness
What could the twelve do?[fn3]

The jury went out
To consider his case
And then they returned
The defendant to face.

“What verdict, Mr Foreman?”
The learned judge inquired.
“Guilty, your honor.”
On Brown’s face — no smile.  Read more »

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Citation: Brown v State, 134 Ga App 771, 216 S E 2d 356 (1975)

Learned and experienced counsel

Starke J opened judgment with the following wry observations, following in the footsteps of Scrutton LJ who, one year previously in Elliot v Duchess Mill [1927] 1 KB 182, 201 commenced his judgment with the observation that '[t]he Court, with occasional assistance from counsel, took more than a day in discussing this case'. Interestingly, both dicta were 'followed' by Sri Skanda Raja J of the Supreme Court of Sri Lanka, who commenced his Honour's judgment in Odiris Appuhamy v Caroline Nona [1964] SC 235162-D with the further observation that '[i]f I begin by remarking that this appeal was argued by this Court, with occasional assistance from the learned Counsel who appeared for the parties, I will only be following, with respectful agreement, two learned and experienced Judges, eminent in their countries, though their observations are "not binding" on this Court.'

[62] This is an appeal from the Chief Justice, which was argued by this Court over nine days, with some occasional assistance from the learned and experienced counsel who appeared for the parties. The evidence was taken and the matter argued before the Chief Justice in two days. This case involves two questions, of no transcendent importance, which are capable of brief statement, and could have been exhaustively argued by the learned counsel in a few hours.

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Citation: Federal Commissioner of Taxation v Hoffnung & Co Ltd (1928) 42 CLR 39, 62
Source: see attachment

An early funeral

Sir Heydon Erskine Starke had a reputation for his undirected and irascible wit. One -- strictly unreported and anecdotal -- quotation that is attributed to his Honour concerns a comment made at the funeral of Sir Isaac Isaacs. Reportedly, he was walking beside his colleague Rich J, who was 85 years old at the time (this being, of course, prior to the introduction of mandatory retirement ages for federal judges). When the pair encountered an open gravesite, Starke apparently leant over to Rich and asked him:

‘George, are you sure it’s worth your while to go home?’

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Citation: Anecdotal

An appeal with a hole in the middle

In dismissing Nestlé's appeal against a decision rejecting its application for registration of the shape of its Polo mint as a trade mark, Mummery LJ is alleged to have uttered (though this utterance was not reported):

‘This is an appeal concerning Polos, the mint with the hole in the middle. This is an appeal with a hole in the middle. It is dismissed.’

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Citation: Société des produits Nestlé SA v Mars UK Ltd [2004] EWCA Civ 1008

Italian mozzarella crime syndicate foiled

According to this report, four Italian police officers have been arrested for allegedly accepting cheese as bribes from motorists they pulled over.  Read more »

Yobbo

'Yobbo', which derives from the British slang 'yob' (a young lad), is a fairly well-accepted term of Australian English. Evidently, however, it has yet to make the transition out of literary imprisonment between inverted commas when given to judicial usage.

At 9.45 pm that night [the victim] received a phone call from a person who told her that the caller had read her letter [to a local newspaper] and that she should not have called the arsonist a coward; the caller did not like that; knew where she lived; had burnt the mosque and now her house was going to be burnt down. She thought the voice sounded like a 20 year old male ‘yobbo’ voice, ‘not very articulated, a breathy …  Read more »

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Citation: R v Hanlon [2003] QCA 75

Don Giovanni

DonGiovanni.jpg

Unambitious production of Mozart’s classic. Lacklustre set and fairly conservative staging are countered by a very good orchestral accompaniment (marring some clumsy passages from the upper strings) and some excellent singing by the lead roles. Like most Mozart, this is light-hearted and engaging opera and the production delights in these qualities — a very accessible work for those new to the genre. A humorous example from the libretto:

Women of every rank,
Every shape, every age. …  Read more »

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