Judicial light relief
The New South Wales Court of Appeal isn’t generally noted for its sense of humour. However, JPQS P/L v Cosmaran Construction P/L has proved an exception.
Meagher JA, a known curmudgeon, eccentric and brilliant equity lawyer, when setting out the facts referred to land "situated at Bossley Park (wherever that is)".
Mason P couldn’t resist the opportunity to show up his brother Judge’s ignorance of suburbs without a water view:
“MASON P: I have had the benefit of reading in draft the reasons of Meagher JA.
“I also have the benefit of having access to a street directory. Accordingly, I do not share his Honour's customary doubts about the location of well-known Sydney suburbs lying to the west of Darling Point which sit cheek by jowl with his Honour's customary lack of doubts about most other matters. A useful resource for those who need to locate Bossley Park is http://www.travelmate.com.au. By clicking on "map maker" one can find easy ways of getting from, say Darling Point to that suburb. (http://www.nowwhereroute.com/travelmate/mapmaker/mappage.asp?Type=darling%20point-_nsw_bossley%20park_nsw.)
“Otherwise I agree with Meagher JA in the dismissal of this appeal, substantially for the reasons he gives.”
It only gets better if you click on the map, showing the good Meagher JA how to drive from his own Darling Point to Bossley Park.
The President’s tipstaff also clearly had a dry sense of humour, adding this to the headnote as a description of the essential finding of law in the case.
“HELD per Mason P (Beazley JA agreeing)
“A useful resource for those who need to locate Bossley Park is
<http://www.travelmate.com.au>. By clicking on "map maker" one can find
easy ways of getting from, say, Darling Point to that suburb.”
It would appear from his own comments that Beazely JA was judiciously amused by the banter among his brother judges.
(For non-lawyers, JA = Judge of Appeal and P = President of the Court of Appeal. I should also acknowledge this one has been doing the e-mail rounds, and A Bright Cold Day in April beat me to the blog.)
PS this week’s Naylor is up.