Wednesday, June 13, 2007

Back at court, much of the court room has emptied. Judge Z is clearly in a no-nonsense-court-clearing mood. He has a reputation for making the court room feel like a factory line - in and out in five minutes with a nicely manufactured result.
I've been waiting at the back for about ten minutes when the associate calls the case on.

"X and Others"

My skin tingles. I take my seat at the left hand side of the bar table and announce my appearance.

"If it please the court, my name is Allan, I appear for X". It has such a lovely ring to it.

My opponent rises.

"If it please the court…"

"Yes Mr Niffen, I know who you are", His Honour booms through his ruddy red cheeks.

Mr Niffen, shit, Mr Niffen.

I have never met Mr Niffen before. He is Mr Niffen QC. He is good, the best. He invented big litigation like this. I have never appeared on these sorts matters before. I feel scared for the first time in ages.

"Yes Ms Allan", says His Honour", "you have initiated this application."

Do it. Just stand up and tell him.

"Um… yes Your Honour. It's about an affidavit that we have…. It was done last night at about 11pm and I think the affidavit has something that ... and …. Um…"

"Ms Allan. I have been in this court room since ten o'clock listening to application after application and I am getting hungry. There are only twenty minutes before lunch..."

Oh God, that's it. Any confidence I had just leaked through the floor.

"Yes Your Honour." I can't speak. No more words. Mouth not moving. Sweat glands pumping like crazy.

His Honour sighs and looks at his associate, gesturing towards me.
"You have an affidavit?" His Honour asks.
Still can't speak. Brain computer has crashed.

The associate comes down from the bench and takes the affidavit I am waving round in the air like a fan. She gives the affidavit to His Honour.

"Are you going to tell me what it's about Ms Allan or do I have to read…" he flicks through the pages and looks at the number on the last page, "all ninety seven pages of it over my lunch break?"

"Ah….aah… it's an expert witness Your Honour…. My client has advice that no longer means we have to be liable." His Honour sighs and shifts in his seat.

"Mr Niffen, perhaps you could help shed some light on the situation".
Mr Niffen looks at me and smiles gently (I am not sure whether it is pity or sympathy, either way, it feels like hell).

"Certainly, Your Honour. The matter concerns a lease over some helicopters. I act for Madden. We own two helicopters. Big ones."

His Honour laughs. I am slowly dying inside.

"My client" Mr Niffen continues "had an arrangement with a third party not represented here today. We had arranged to store the helicopters in a warehouse that Cadmium owned. Without our knowledge, Cadmium leased the helicopters to Ms Allan's client."

"I see," His Honour peered over his glasses at me. I am shrinking.

"Ms Allan's client did not carry out any due diligence enquiries prior to entering into the contract."

A grumble of disapproval comes from the bench. I know that I have huge sweat patches growing under my armpits, ruining my perfect Friday outfit.

"The affidavit Ms Allan has brought to court today is from an expert witness and suggests that theher client should not be liable to pay the real owners for the hire of the helicopters because of the operation of a Peace Order which says it is immune from any actions in negligence."

"Negligence?" His Honour asks. "Isn't this a property or contract issue?"

"That's my position Your Honour. That the Order does not apply to this case because this case is not a negligence case".

Please someone wake me up. Is this a dream? Surely, this is a dream. How could I have made such a fundamental error? I have not only lost my ability to speak but also my ability to think. I am sure I did look at this at some point and work out why the Order did apply. Didn't I? I am sure I did. Crap crap crap.

"Well Ms Allan".

"I….I…..I…." stammer stammer stammer.

"Ms Allan, I think perhaps you should seek some instructions from a more senior lawyer?

"Yes Your Honour" Don't cry. Don't cry. Don't cry.

"I will re-convene after lunch but I must say, Ms Allan, I will take some convincing to be swayed from Mr Niffen's position on this issue."
Judge Z removes his glasses and gestures to his tipstaff who stands.

"All rise. This honourable court stands adjourned".

I feel asleep. Maybe I am and I just don't realise?

Except that my sweat patches are very real. And very large.

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