moral of this story: with all due respect, don't buy High Court cufflinks.
The cuffs are off for High Court showdown
At $50, Clayton Robert Croker thought his commemorative High Court of Australia cufflinks were a "bargain".
After taking the Commonwealth of Australia to court because the cufflinks tarnished and chipped, though, he is out of pocket by about $3000 in legal fees. But he is not giving up: he will appeal, and if he has to, take the High Court to the High Court.
Mr Croker said the High Court, while not a shop, should be treated the same as any other trader that had "ripped off" a consumer.
The 43-year-old, who is representing himself, said he bought the gold-plated cufflinks from the High Court's Canberra registry in November 2003.
"After 100 years of judicial leadership of the High Court, I thought it might be a good idea to have them as sentimental value," he said outside court yesterday
By last August, though, the cufflinks were looking shabby.
Mr Croker complained and was given a replacement pair, but they also tarnished.
So Mr Croker took the Commonwealth to the Consumer Trader and Tenancy Tribunal of NSW, claiming $1032 in damages. The tribunal dismissed his claim in July, saying the matter fell outside its jurisdiction.
He then took his case to the NSW Supreme Court, but yesterday the court dismissed his appeal. "Well, it's turning out to be a very expensive pair of cufflinks," he said.
However, there were more important issues at stake.
"I see there's a legal issue here - when you get involved in contracts with the Commonwealth, a lot of the time the Commonwealth claims immunity," he said.
"I think it's a public interest matter. I think it should be pursued through the courts."
Mr Croker, who says he is studying law, does acknowledge that taking the High Court to the High Court is a ridiculous proposition. He is no stranger to the courts - he has unsuccessfully sued all sorts of people, from a dentist to the Commissioner of Taxation. However, the NSW Court of Appeal has previously expressed surprise at Mr Croker's claims to be a law student, saying his litany of claims demonstrates that he "has little, if any, acquaintance with, or understanding of, proper litigious practice and procedure"...