Comments on: Prolix redefined

By: Richard C (NZ)

Richard C (NZ) — Wed, 19 Sep 2012 08:16:54 +0000

Interesting article here surrounding poor judicial decisions in NZ:-

https://newzealandjustice.com/content.php?278-Kiwis-shafted-by-fraudulent-justice-system-says-top-QC&postid=493

Professor David McLauchlin, a contract law specialist, saying he increasingly found New Zealand cases not worth the effort of reading – “Decisions are reached that fail to reflect the reasonable expectations of the parties. And sometimes they simply defy common sense,”

By: val majkus

val majkus — Wed, 19 Sep 2012 07:52:04 +0000

No Richard

By: Richard C (NZ)

Richard C (NZ) — Wed, 19 Sep 2012 07:39:08 +0000

Val re your favourite judges. Is there a statistic anywhere that you know of readily, showing the appeals against higher ranking judges decisions versus appeals against lower ranking judges decisions?

Seems to me that a successful appeal is less likely against a higher ranked judges decision (better judgments) and more likely against a lower ranked judges decision (lessor quality decisions).

I could have a look myself but you might have a head start.

J Venning’s decisions appeal history would be required reading for NZCSET Counsel anyway.

By: Andrew W

Andrew W — Wed, 19 Sep 2012 07:31:14 +0000

And Andrew W is there such a word as ‘unconcise’ and ‘boresome’ and … oh never mind

Heh, I just pinched that list from Richard C’s comment from a legal dictionary up thread, I don’t have to read it do I?

By: Richard C (NZ)

Richard C (NZ) — Wed, 19 Sep 2012 07:06:02 +0000

Maybe it was used as an excuse for inattention to detail.

By: val majkus

val majkus — Wed, 19 Sep 2012 07:05:24 +0000

I found also one of my favourite judges (Mason) describe another of my favourite judges (Isaacs) as ‘writing prolix judgments’
When I was a student in the seventies I used to love Isaacs’ judgments
So maybe it’s in the eye of the beholder

And Andrew W is there such a word as ‘unconcise’ and ‘boresome’ and … oh never mind

Have a read of a judgment of Isaacs J to see how fulfilling in all ways a judgment can be

By: Andrew W

Andrew W — Wed, 19 Sep 2012 06:50:11 +0000

Maybe the word ‘prolix’ is used to avoid words like: bombastic, boresome, boring, copious, diffuse, discursive, drearisome, full of verbiage, lengthy, long, long-spun, longus, maundering, monotonous, padded, pleonastic, prolonged, prosy, protracted, redundant, repetitive, spread out, spun out, tedious, tiresome, unconcise, uneconomical, verbose, wandering, wearisome, wordy, whose use might be seen as prolix.

By: val majkus

val majkus — Wed, 19 Sep 2012 05:14:27 +0000

as a matter of curiousity I checked the Australian High Court published cases since 1911 for the word ‘prolix’ and only found it used once in respect to pleadings and 10 times for other things including interrogatories, argument, in a taxation case ‘the law is so prolix’, directions and orders, Counsel

checking the NZ High Court published cases (available since 1963) there are 54 cases in which the word ‘prolix’ has been used
the most interesting of which amongst those I read
http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZHC/2007/1023.html?query=prolix
where the Court in examining the ‘strike out’ jurisdiction referred to (inter alia) ‘unnecessarily prolix pleading (referring to an 1884 Chancery case) which has been cited by the NZ High Court a few times in recent years

in other NZ High Court cases which I skimmed use of the word ‘prolix’ when used in respect to pleadings – from my reading pleadings became prolix when they incorporated ‘unnecessary and extraneous’ material – indeed the word prolix is usually used with that phrase in close proximity or another phrase ‘unnecessarily prolix’ is used.

In the Trust’s case the Court uses the word in respect to the initial and first amended Statement of Claim. I get the sense the Court is saying those documents lacked focus. But the Court does not make that criticism in respect to the second amended Statement of Claim.

It’s been an interesting exercise for me to compare the published cases of the Australian High Court since 1911 and the NZ High Court since 1963 and I’m still wondering why that word seems to be more used in NZ than Australian High Courts

By: Rob Taylor

Rob Taylor — Wed, 19 Sep 2012 02:42:49 +0000

testing….

By: Andrew W

Andrew W — Tue, 18 Sep 2012 21:04:49 +0000

Pleeze, pleeeze, pleeeeeze, appeal this decision RT.