Tuesday, February 23, 2010

don't let Gummow J hear you impugn the Sydney Bar

Varas v Fairfield City Council [2010] HCATrans 18 (12 February 2010)

        MR MOSES SC:     The conduct which was alleged against the applicant which ultimately gave rise to a psychologist forming the view that she was suffering from some personality disorder, hence triggering the direction to attend a psychiatric assessment, included the behaviour there set out, that is –

"causing malicious gossip, threatening colleagues with disciplinary action, constantly reporting apparent work performance issues to management while not completing her own work, tantrums if challenged and very poor and hostile customer service.”

As well as reference to her sexuality. Probably conduct which some members of the Sydney Bar would be accused of, but nonetheless - - -

        GUMMOW J :     So what? Why make that comment?

        MR MOSES :     Your Honour, it is relevant to this point…

[FP: Mr Moses goes on without explaining the relevance of the comment]

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