New judgments
Fri Aug 21 2020Commerce Commission v Bunnings Limited [2020] NZCA 310 - "Lawyers like to talk about “facts in issue”, which invests the concept with a somewhat spurious certainty. The reality is that evidence exists to prove or disprove hypotheses — about facts the existence of which is uncertain. To be evidence the material tendered must tend to do that. If it does not, it is mere distraction and has no place being in the courtroom."
JPM v The Queen [2020] HCATrans 115 - "The second exquisite irony, in our submission, is that it is fundamentally incorrect to reason that the giving of an Azzopardi direction would undermine the giving of an Azzopardi direction."
Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188 - "the Model Litigant Principles issued by the Queensland Government do not create rights on the part of other litigants. They are directions issued by the Queensland Government to those conducting litigation on behalf of the State"