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.
47 minutes 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