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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