Shurat HaDin v Jake Lynch: more next month

March 27, 2014 by J-Wire
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Lawyer Andrew Hamilton has returned to Israel following his appearance in Sydney’s Federal Court  where he is representing Shurat HaDin in its case against Sydney University Professor Jake Lynch on the grounds that he supports BDS against Israel.

Andrew Hamilton

Andrew Hamilton

The case has been adjourned to April 24.

Hamilton told J-Wire: “I really only got to working through my pleadings with the Judge so he could understand that there is nothing major wrong with them.

I also ran through the legal authority on s46PR which requires that substance must dominate over technicality and form.

I cited 3 cases (Full Federal Court authority, Federal Court, Federal Magistrates Court) and the Explanatory Memorandum to support my position.

The Respondent has failed to cite a single case from the Human Rights jurisdiction and is acting as if this is commercial litigation for damages. It is not.

I will make my submissions about the major issues: Security for Costs & Cost Capping on 24 April.”

Professor Lynch’s lawyer Yves Hazan had been arguing for major parts of the complaint to be struck out adding that what was left would be very little.

Hazan argued that BDS was no more than “a loosely connected group of individuals and organisations”. He reeled off the names of “certain famous people who have views of the policy of the State of Israel” adding “there is no evidence it has a corporate personality”.

Referring to Professor Lynch’s refusal to work with Hebrew University’s Professor Dan Avnon, Hazan pointed out that the Israeli’s current visit to the university in Sydney was not dependent on a signature from his client.

Yves Hazan made particular reference to actress Meg Ryan, one if his favourites naming her along with Dustin Hoffman, Elvis Costello, Santana and rapper Snoopy Dog and using a Costello song “Pump it Up” to explain to Judge Alan Robertson that Shurat HaDin’s is “just a pumped up claim”.




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