Monday, April 25, 2005

The Case

Quite pissed off this afternoon. The judgment of the Lands Tribunal case which I conducted a while ago has been handed down. We were only half successful - won part of our claim and lost the rest. Costs were awarded to our side.

Although costs go to the winning party, I still consider it a defeat. And I think the Member has erred (badly) in both his findings of fact and question of law. I am quite confident that an appeal will see us through, but client is not prepared to spend another several thousand dollars to pursue an appeal which will probably worth nothing at the end given the trivial amount she is claiming. What can I do when I cannot appeal against the decision when it is quite clearly wrong?

It is even worse that the client turned on me after hearing the judgment. Blaming me for the wrong findings by the "Member" when she gave vastly different stories to the tribunal (without my representation at the 1st hearing and with my representation at the adjourned hearing?). It was not long ago when she was so grateful to me for charging her a (very) nominal fee to handle the case which she has started poorly. Perhaps I shouldn't have tried so hard. Damn it. Back visualising your images poor soul!