MR STEPHEN GAGELER SC: That was a point well made by your Honour Justice Hayne in Roach itself at paragraph 172 in dissent, but no worse for that.
HAYNE J: I am not sure that is right, Mr Solicitor. You can flatter one of us, but you have got to flatter all seven of us simultaneously.
MR GAGELER: I am working my way through the list, your Honour.
3 days ago
That brings to mind this exchange between Gleeson CJ and Mr Meadows QC, the Solicitor General of Western Australia, in the case of ACCC v Baxter Healthcare Pty Limited & Ors. I first came across this on David Starkoff's Inchoate Blog, which appears to no longer be operational.
ReplyDeleteMR MEADOWS: If I could refer, if I could, to the case of Carlton United Breweries Limited v Castlemaine Tooheys Limited (1986) 161 CLR 543, that was a case where a contravention of the Trade Practices Act was pleaded by way of a defence. It was sought to strike out that plea on the basis that the Trade Practices Act created a code, that the Federal Court had exclusive jurisdiction and that you could only bring proceedings under the Act. It was argued by counsel, Mr A.M. Gleeson, QC , I see, that the ordinary common law - - -
GLEESON CJ: He would do anything for money , Mr Meadows