17 February 2009
Tuesday Transcript: We will not trouble you
The words most dreaded by an applicant are those uttered by the bench immediately following the initial submissions; if the respondents are not called upon it is game over.
The High Court had a couple of doozies recently. In Wallace an ambitious request that the Court overturn a well-established line of authority was swiftly rejected.
And then there was Ferguson:
HAYNE J: Now, can I just get to the bottom line, Mr Callaghan? Is your bottom line the Court of Appeal has power to hear it but no power to do anything following the hearing?
MR CALLAGHAN: Yes.
HAYNE J: That is a rather startling proposition, Mr Callaghan.
MR CALLAGHAN: it is. It is, your Honour. It is a startling omission from the statute.
[...]
HAYNE J:So it can hear the appeal and then adjourn and that is all? [...] Thankyou, Mr Callaghan. Mr Solicitor, we will not trouble you. The applicant’s argument … is an argument that would enjoy insufficient prospects of success in this Court to warrant a grant of special leave.
“We will not trouble you.” Five words that spell certain doom for an application.
Related posts:
- Tuesday Transcript: Bad Vibes
- Tuesday Transcript: Queen’s Counsel, going cheap
- Tuesday Transcript: Reality-based decision-making
- Tuesday Transcript: Hats off in court, please
- Tuesday Transcript: Nice Catch
