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23.02.2021 at 09:34 pm
Cuttings

Counsel Citing Adverse Authorities

It's rare for counsel to cite adverse authorities.

... I would therefore allow the appeal, set aside the learned magistrate's order of dismissal of the action and substitute for it a judgment in favour of the appellant in the sum of $1,000. The respondent will pay the costs of this appeal and of the action in the court below.

Before concluding the matter I must say that I am deeply grateful to Mr. Morris Edgar for drawing my attention to the case of Ismail bin Savoosah & Ors. v. Hajee Ismail, supra, even though it was against him.

- Subramanian v Retnam [1966] 1 MLJ 172

It's rare to see counsel citing authorities adverse to them. (Even for the sake of stating/distinguishing why those cases shouldn't apply.)

The instances where judges point out and thank counsel for their honest use of adverse authorities are even more rare. But much appreciated: it informs you that the counsel who do so are the honourable sort.


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