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.
