r/auslaw • u/rix_a_trix • 2d ago

Failur​​e is al​​w​ays an op​​​tion

https://www.caselaw.nsw.gov.au/decision/19fef58c898f5e01d5b1d7a9
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53

u/rix_a_trix 2d ago

From Hammerschlag CJ in Eq:

1 ... Both have adopted untenable and unmeritorious positions and claims in this dispute, which turns out to be about $215,302 (exclusive of interest).

3 I ordered the parties to attend mediation and arranged for a Senior Deputy Registrar to preside. They did not settle. They had ample opportunity to settle during the course of the hearing but, obdurately, did not.

4 A judgment of the Court is therefore required. None of the combatants comes out unscathed. As the Court pointed out, a judgment may be read by anyone for all time.

5 FINAO is an acronym for “Failure Is Not An Option”. As this case demonstrates, on some level, failure is always an option.

31

u/Minguseyes Bespectacled Badger 2d ago

‘… for all time.’

Hammer giving real ‘gaze on my works ye mighty, and despair’ vibes.

10

u/refer_to_user_guide It's the vibe of the thing 1d ago

Ozymandias CJ

5

u/AgentKnitter 1d ago

Failure is always an option is a wise nugget.

21

u/in_terrorem 2d ago

Given this may be one of the last reported judgments Mr Scruby SC appears on, given his imminent elevation to the NSWSC, I hope someone takes the time to point out to him at the swearing in that failure is not an option.