Contentious Cases
One of her most notable judgments as a High Court judge was in the David Lange vs Joe Atkinson defamation case which directly affected politicians. The final outcome on appeal was to give the news media a stronger defence against defamation actions by politicians.
Elias recused herself from a civil appeal case brought by Lisa Cropp. Cropp races horses owned by the Chief Justice and her husband. The appeal concerned the legality of the procedure that resulted in a positive test for methamphetamine and loss of standing to practice as a jockey. Supreme Court (Blanchard, Tipping, McGrath, Anderson and Gault JJ) dismissed the appeal.
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“Only by being guilty of Folly does mortal man in many cases arrive at the perception of Sense. A thought which should forever free us from hasty imprecations upon our ever-recurring intervals of Folly; since though Folly be our teacher, Sense is the lesson she teaches; since, if Folly wholly depart from us, Further Sense will be her companion in the flight, and we will be left standing midway in wisdom.”
—Herman Melville (18191891)