/
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.


Filed under:
#
Words: 159 words approx.
Time to read: 0.64 mins (at 250 wpm)
Keywords:
, , , , , , , , ,

Other suggested posts

  1. 20.06.2022 at 01:56 pm / Cultists of Science
  2. 18.06.2022 at 06:52 pm / Strangling Deeds
  3. 29.09.2020 at 12:24 pm / Rays of Circumstance
  4. 19.02.2020 at 10:25 am / STEM, STEAM and Art
  5. 07.10.2019 at 11:22 am / 3D & 2D - The Demarcation
  6. 17.12.2017 at 12:00 am / To Know C
  7. 08.02.2016 at 12:00 am / Eye to Eye (Jonathan Young's Version)
  8. 13.06.2015 at 12:00 am / Sexism Against Modern Men
  9. 03.01.2014 at 12:00 am / Write With Vigour
  10. 16.08.2010 at 12:00 am / You Have Reason
© Wan Zafran. See disclaimer.