#gaudron

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Christian Dior Porcelain Cups & Saucers ~ Gaudron Gold Encrusted 

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GAUDRON - SPÉCIALITÉS

Série d’illustrations pour la vitrine du restaurant-traiteur Gaudron Dessin vectoriel © 2009 Graphisme: Face to Face design

[shitjudgessay]

State of Origin Round 2

MR BROWN: But with the greatest of respect, what is happening in that process is that the court is having to fill in the gaps about the subjective knowledge of the accused. It has to fill in the gaps with - - -

GAUDRON J: A 21-year-old person and he has been to school for some time.

MR BROWN: Well, all we know is that he was educated in New South Wales.

GAUDRON J: You can assume that that does not make him a mental defect.

HAYNE J: We will not enter upon debate on that.

SOURCE: Simpson v The Queen H5/1997 [1998] HCATrans 85 (31 March 1998)

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Recycling

MR BATHURST: I have not given the Court the whole of that schedule, it is very extensive, but I have given the Court the first couple of pages simply so that your Honours can get a flavour of how the matter was first approached.

GAUDRON J: And neither of those documents found themselves into the eight volumes?

MR BATHURST: That is correct. What found itself into the eight - what happened - - -

GAUDRON J: Oh, I do not think it matters.

HAYNE J: Do not waste more paper.

SOURCE: BT Australasia Pty Ltd and ANOR v State of New South Wales S111/1998 [1998] HCATrans 450 (3 December 1998)

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Manoeuvres

GAUDRON J: You said that there was authority in this Court that said motivation was an element.

MR TRACEY: Well, yes, I had referred you to Ram, and Ram was accepted by three members of the majority in as being the correct exposition.

GUMMOW J: That is a bit of an overstatement, is it not?

GAUDRON J: What exactly was said in Applicant A?

MR TRACEY: It was not exactly disapproved, your Honour.

GAUDRON J: Well, you seem to be retreating further and further by the minute.

MR TRACEY: Well, I am not retreating. In fact, I - - -

HAYNE J: Simply advancing in a different direction, that is what the Army says, Mr Tracey.

SOURCE: Chen v Minister for Immigration & Multicultural Affairs P41/1999 [1999] HCATrans 439 (20 October 1999)

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Trolleys

GUMMOW J: There is a public cost in all of this.

MR GLEESON: There is, your Honour.

GUMMOW J: Longer cases, more issues of credit. People are going to hop in the box and say this, that and the other thing, as.....the time. That will be challenged. On it will go. Every system will get slower and slower.

MR GLEESON: Your Honour, one of the things we would urge is that - - -

GUMMOW J: Discovery - there will be more trolleys coming up to Court.

KIRBY J: Lots of work for lawyers.

GUMMOW J: Big firms will be charging $5 a sheet to photocopy it.

HAYNE J: And image it.

KIRBY J: This is why you do not want us to import the objective facts or the facts of the relationship of the parties. You simply want us to import a fiction of a principle of law.

MR GLEESON: A term implied by law which is simple in the sense that it runs through either all contracts or our type of contract, one the parties can depart from if they wish to agree to do it but, apart from that, it supplies the answers.

GAUDRON J: What if a contract simply has its ordinary meaning, the meaning according to its ordinary natural words, and there is no implied term of the kind for which you contend? I just do not understand it. What happens then? Why do you not say it has its ordinary and natural meaning and there is no implied term?

GUMMOW J: You have been bludgeoned by all these trolleys, you see. It warps thinking eventually.

SOURCE: Royal Botanic Gardens and Domain Trust v South Sydney City Council S263/2000 [2001] HCATrans 415 (6 September 2001)

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Matrimonial Bliss

McHUGH J: I am not even sure that past experience, which is used as good guide to the future, tells you very much these days about what the prospects of any particular individual remarrying. One meets highly intelligent women with large incomes, attractive, with every social asset, they are not interested in marriage, they are not even interested in de facto relationships.

MR BUSS: They are not even interested in men.

McHUGH J: They love their independent life and their own means of getting around, so they will not marry. So you see somebody, you might say, "Well, this woman is marriage material", but they just do not marry. They do not want to marry. They cherish their independence.

MR BUSS: That would be something that would emerge at the trial and that is why the facts of the particular case are so important. For example, Justice Dowd did make observations about the plaintiff that some people might think are blunt and rather harsh and at paragraph 55 his Honour said

"The plaintiff is a difficult forthright determined and strong willed woman who would not make an easy marriage partner. I accept that she considers that she will not re-marry - - -"

GAUDRON J: Well, you could say that about a lot of people, I would have thought.

MR BUSS: "- - - and that she is unwilling to enter into another matrimonial venture."

KIRBY J: His Honour likes a calm life.

SOURCE: De Sales v Ingrilli P57/2001 [2002] HCATrans 169 (17 April 2002)

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The Empire

GAUDRON J: That is the question, is it not, is it the law or is it the practice?

MR NUGAWELA: The law being - - -

GLEESON CJ: The law is the statute, the law is the Fatal Accidents Act 1959 .

MR NUGAWELA: The law is the English interpretation of what the statute means when the statute is silent.

KIRBY J: I do not think we can blame the English for this. We have been doing it ourselves for an awful long time.

SOURCE: De Sales v Ingrilli P57/2001 [2002] HCATrans 169 (17 April 2002)