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rhodochrositeall i read is judgments nowadays so i thought i would round up some recent rhetorical highlights i have seen on caselaw:
Torok v Becker [2020] NSWSC 1570
[163] David denied that he had attempted not to disclose the full purchase price to Lara (saying that he knew that Lara’s solicitor would talk to the purchaser and that he had alerted the purchaser to this). David suggested that Lara’s solicitor had sent an “extremely threatening” communication to the purchaser (Ms Cotrone). I interpose to note that when a copy of the actual communication was produced it was my view that a less threatening request for information would be hard to imagine.
...
[185] As to the website developer, with no disrespect to him, that evidence boiled down to him seeing the deceased watching a video on YouTube and the deceased “chuckling” when he commented on that. Any suggestion based on that evidence that the deceased was computer literate (and therefore likely to have been effecting her own NetBank transactions) is extraordinary.
Alexakis v Masters (No 2) [2023] NSWSC 509
[620] As to the matters raised in relation to the June Will, I do not take much from Mr McClure’s references to himself as a “prisoner” in the RPAH and his analogy to the Count of Monte Christo which, the Salvation Army submitted, was reflective of Mr McClure seeing himself in the position of the Count who had to bribe the Governor of the prison to get out of gaol.
[621] Mr McClure was clearly desirous of not staying in the RPAH for long, but the evidence indicates that he only used the expression “prisoner” from the evening of 13 June 2017, after the June Will was made. In my view, it is reasonable to infer that Mr McClure's references to being a prisoner were likely prompted by the 13 June consultation with Drs Wroth, Lim and Fernandes and his unsuccessful “Code Black” incident and are not indicative of an arrangement made prior to 6 June 2017.
[622] In my view, the Salvation Army’s reliance on the “Count of Monte Christo” reference takes the literary analogy too far and should not be considered as anything more than a reflection that Mr McClure felt he was being kept at the RPAH against his will and needed to escape. This is particularly so given Dr Alexakis was not keeping Mr McClure in hospital against his will and it was the Mad Priest, not the Count of Monte Christo, who offered money to his gaoler in return for his release. I reject the Salvation Army’s submission that Mr McClure “obviously confused the story”.
Ovens v Ovens; Estate of Late May Enid Ovens [2020] NSWSC 568
[14] The plaintiff, Brett, was a vague witness who gave puzzling evidence. He presented in the witness box consistently with his lack of recent work history. He did not appear to have much practice in the discipline of organising himself in the context of a working life or career. He did not appear to bother to notice much of the world around him. He could not remember the names of any of the suburbs of Panama City, even though he has lived there for years. That being said, he was not deliberately exaggerating in his evidence or attempting to present distorted evidence. The Court found him to be honest but casual about everything in his life.
Ibrahim v Nasr [2021] NSWSC 1321
[158] George was distressed that Nejme was not at Ishac’s side in order to assist with the messy reality of an ageing, dying man’s bodily functions. That was something which was unquestionably her role, and her inability to wipe his father’s bottom upset the son.
R v Cranston (No 18) [2022] NSWSC 1553
[3] It was also submitted that there had been observations by unidentified others present in court of various facial expressions I am said to have adopted last week, during the evidence of [redacted], now some months ago, and [redacted] even longer ago together with shaking my head. I record that I have certainly not intended to make any facial expression nor to shake my head. As the Crown observed when reading I often have my head down. It may be that my head moves from side to side when doing so. I will, if ultimately asked by Mr Bruckner or anybody else, say something to the jury to the effect I am not intending to secretly communicate with them by facial expression, taking my wig or mask off or shaking my head.
Taylor v Killer Queen, LLC (No 5) [2023] FCA 364
Re Estate Soulos [2022] NSWSC 1507
[1] At her funeral the officiating priest opened his eulogy with a declaration that “the Iron Lady of Strathfield is no more”.
[2] He may have spoken too soon. In the several proceedings between her four children she has manifested an afterlife as the central personality in the proceedings. A proud product of Sparta, her self-perception was that of a “strong person”. Her children remember her, at least in her prime, as a dominant, dominating personality. She was not, however, a sophisticated person. As she aged, she became frail, troubled by a loss of hearing and erratic. She was fiercely proud of her family. She was a prolific will-maker. She left her affairs in a mess.
Torok v Becker [2020] NSWSC 1570
[163] David denied that he had attempted not to disclose the full purchase price to Lara (saying that he knew that Lara’s solicitor would talk to the purchaser and that he had alerted the purchaser to this). David suggested that Lara’s solicitor had sent an “extremely threatening” communication to the purchaser (Ms Cotrone). I interpose to note that when a copy of the actual communication was produced it was my view that a less threatening request for information would be hard to imagine.
...
[185] As to the website developer, with no disrespect to him, that evidence boiled down to him seeing the deceased watching a video on YouTube and the deceased “chuckling” when he commented on that. Any suggestion based on that evidence that the deceased was computer literate (and therefore likely to have been effecting her own NetBank transactions) is extraordinary.
- this is quite a lengthy judgment but i do recommend reading the whole thing, ward cj in eq (as she then was) is absolutely scathing in her comments about the defendant and she isn't usually super snarky so this guy must have been SO bad
Alexakis v Masters (No 2) [2023] NSWSC 509
[620] As to the matters raised in relation to the June Will, I do not take much from Mr McClure’s references to himself as a “prisoner” in the RPAH and his analogy to the Count of Monte Christo which, the Salvation Army submitted, was reflective of Mr McClure seeing himself in the position of the Count who had to bribe the Governor of the prison to get out of gaol.
[621] Mr McClure was clearly desirous of not staying in the RPAH for long, but the evidence indicates that he only used the expression “prisoner” from the evening of 13 June 2017, after the June Will was made. In my view, it is reasonable to infer that Mr McClure's references to being a prisoner were likely prompted by the 13 June consultation with Drs Wroth, Lim and Fernandes and his unsuccessful “Code Black” incident and are not indicative of an arrangement made prior to 6 June 2017.
[622] In my view, the Salvation Army’s reliance on the “Count of Monte Christo” reference takes the literary analogy too far and should not be considered as anything more than a reflection that Mr McClure felt he was being kept at the RPAH against his will and needed to escape. This is particularly so given Dr Alexakis was not keeping Mr McClure in hospital against his will and it was the Mad Priest, not the Count of Monte Christo, who offered money to his gaoler in return for his release. I reject the Salvation Army’s submission that Mr McClure “obviously confused the story”.
- not the WELL ACTUALLY THAT IS NOT EVEN WHAT HAPPENED IN THE BOOK
Ovens v Ovens; Estate of Late May Enid Ovens [2020] NSWSC 568
[14] The plaintiff, Brett, was a vague witness who gave puzzling evidence. He presented in the witness box consistently with his lack of recent work history. He did not appear to have much practice in the discipline of organising himself in the context of a working life or career. He did not appear to bother to notice much of the world around him. He could not remember the names of any of the suburbs of Panama City, even though he has lived there for years. That being said, he was not deliberately exaggerating in his evidence or attempting to present distorted evidence. The Court found him to be honest but casual about everything in his life.
- i'd probably rather just give up my claim than rock up to court and essentially get called a jobless idiot by the judge 😠like this was kind of an eviscerating assessment
Ibrahim v Nasr [2021] NSWSC 1321
[158] George was distressed that Nejme was not at Ishac’s side in order to assist with the messy reality of an ageing, dying man’s bodily functions. That was something which was unquestionably her role, and her inability to wipe his father’s bottom upset the son.
- there are also screenshots of genuinely insane facebook posts at [31]-[40] but this whole case was just sad tbh, i felt so bad for the plaintiff who was pretty relentlessly persecuted by her stepchildren
R v Cranston (No 18) [2022] NSWSC 1553
[3] It was also submitted that there had been observations by unidentified others present in court of various facial expressions I am said to have adopted last week, during the evidence of [redacted], now some months ago, and [redacted] even longer ago together with shaking my head. I record that I have certainly not intended to make any facial expression nor to shake my head. As the Crown observed when reading I often have my head down. It may be that my head moves from side to side when doing so. I will, if ultimately asked by Mr Bruckner or anybody else, say something to the jury to the effect I am not intending to secretly communicate with them by facial expression, taking my wig or mask off or shaking my head.
- i was chatting to a coworker in law about recusal and she mentioned this incredible application to discharge the jury in this high profile tax fraud case on the 111th day of trial on the basis that one of the defendants accused payne ja of sending messages to the jury in coded gestures and signals. funnier when she was telling me about it than in this somewhat laconic ex temp tbh but still laughed
[408] Mr Zaheer stated in his affidavit that he was unaware that the Plaintiff and the deceased were in any form of relationship. He believed that there were no indications that they were in a relationship, except for the time when he saw the Plaintiff in the deceased’s room. Despite this, he had said that they may have been “friends with benefits”, which he said he understood meant “two, two persons helping each other out”. He could not recall whether that term included the friends having sexual relations or providing financial benefits one to the other.
- the way that this guy, a fluent english speaker in his late 20s, literally tried to convince the court that in canada friends with benefits just means platonic bros who help each other. as opposed to normal friends in canada, who presumably don't help each other
Taylor v Killer Queen, LLC (No 5) [2023] FCA 364
[1] This is a tale of two women, two teenage dreams and one name.
- not caselaw jurisdiction being fca but amazing opening line to a trademark infringement case between australian fashion designer katie perry and notable pop luminary katy perry in which perhaps surprisingly katie was suing katy. and partly won!
Re Estate Soulos [2022] NSWSC 1507
[1] At her funeral the officiating priest opened his eulogy with a declaration that “the Iron Lady of Strathfield is no more”.
[2] He may have spoken too soon. In the several proceedings between her four children she has manifested an afterlife as the central personality in the proceedings. A proud product of Sparta, her self-perception was that of a “strong person”. Her children remember her, at least in her prime, as a dominant, dominating personality. She was not, however, a sophisticated person. As she aged, she became frail, troubled by a loss of hearing and erratic. She was fiercely proud of her family. She was a prolific will-maker. She left her affairs in a mess.
- this opening is honestly straight bars like lindsay j went off
