Although, it is not apparent on the face of the judgment, I have no reason to believe that this story is not true:

“Perhaps the most noteworthy attempt to ‘tender’ evidence was by Tasmania in Harper v Minister for Sea Fisheries (1989) 168 CLR 314. That was a case that proceeded by way of case stated in original jurisdiction. The Tasmanian Solicitor General attempted to tender a transparent, sealed plastic box containing sea water and an abalone, apparently in an attempt to show that abalone were fixed and did not move. Faced with the prospect of closely watching the abalone for a lengthy period the Court suggested that the exhibit would not assist it and the attempted tender was not pursued.”

Sounds like a lot more fun then just tendering documents!

Extract taken from B Selway QC “The Use of History and Other Facts in the Reasoning of the High Court of Australia”  (2001) 20(2) University of Tasmania Law Review 129 (see footnote 49).

Creative commons attribution for the photograph.

Share Button