Shurat HaDin gets a pleasing result…or did they?

April 25, 2014 by Henry Benjamin
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Shurat HaDin’s Andrew Hamilton appeared in the Federal Court in Sydney yesterday as Justice Alan Robertson wound up the interlocutory hearing in the  case between the Israeli advocacy organisation against Sydney University’s Associate Professor Jake Lynch, an advocate of Boycotts, Divestment and Sanctions against Israel.

Andrew Hamilton

Andrew Hamilton

Hamilton told J-Wire: “Today was a good result. We effectively won 2.5 out of the 3 issues before the Court.

1) Our cost capping order was granted, albeit at a higher figure than we had originally sought.
This gives the parties certainty regarding costs going forward and makes it easier to run the case.
2) Security for Costs was denied, subject to me undertaking to give notice should I dispose of my assets.
This is a big win for the Applicants as Lynch had clearly hoped that a big security for costs order would end the case – that is what he was telling his supporters.
3) Only a small portion of our statement of claim was struck out (10 paragraphs out of 171) and the Judge gave us a great deal of assistance in how to re-plead them to make the facts clearer.”
But Jake Lynch’s legal team paints quite a different picture.  In a media statement they said:  “Professotynch has won round 1.
In Federal Court today, Judge Alan Robertson struck out those parts of the claim that seek to underpin the factual basis of the allegations that Prof Jake Lynch has breached the Racial Discrimination Act.He gave the applicants permission to re-cast those and any other paragraphs of the claim to rectify the defects of their case.

He ordered the applicants to pay Prof Lynch¹s costs of the application brought to Strike Out the Claim and has given permission for those costs to be recovered now rather than at the conclusion of the proceedings.

He also ordered that Mr Hamilton and the other applicants undertake to the court within 21 days to not dispose of or encumber his Australian assets without notifying Prof Lynch (within 21 days). He will not require the applicants to establish a fund to secure any cost orders that may be made against them in the future. However, if that undertaking is not given he will make orders requiring the applications to give security for costs.

He also ordered that the maximum costs, as they occur after 21 February 2014, payable to the successful party will be $300,000, subject to further order”.

Jake Lynch told J-Wire: “I have done nothing wrong. I should be free to exercise my conscience over whether to participate in this Fellowship scheme, without fear of being taken to court. I hope and believe I will successfully fend off this deplorable bullying attack on political freedom in Australia.”

Associate Professor Jake Lynch

Associate Professor Jake Lync

Professor Lynch is represented by Yves Hazan.
A directions hearing has been set for June 25.

 

Comments

One Response to “Shurat HaDin gets a pleasing result…or did they?”
  1. Otto Waldmann says:

    Outside the strict legal opinions, from what we can gather, Shurat HaDin are faring well. As expected, the Lynch mob are salivating on account of seemingly farcical assumptions. The higher cap applies to both sides, anyway and there are NO certain signs at all that the plaintiff would be destined to fail at all.
    Most interesting is the attempt by Lynch to dignify the BDS, all on false arguments. If, indeed, the political realities would be allowed to enter the argumentation ( and one would expect it to be an integral part of the process as EVERYTHING is political in this matter )then Shurat HaDin have a solid case.

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