President Mason chucked “tergiversation” into his judgment in Winnote Pty Ltd v Page [2006] NSWCA 287 at [39], handed down on 31 October 2006. A google search for the word in “pages from Australia” returns only 158 hits. What it means is “equivocation: falsification by means of vague or ambiguous language”. Jeepers! In a case about peat farmers out in the countryside who lost the trial, lost the appeal, and failed to get costs of the unsuccessful cross appeal. Now they have to buy a very big dictionary. Heartless judge.
See also:
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- Updates: big words, Texan legal writing, conflicts of duties
- Winner gets indemnity costs but recovers less when loser proves winner’s costs agreement with his solicitors void
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- Breach of undertakings leads to 12 month suspension for doctor
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