I think Judge Brown would have known full well prior to the case commencing that SMM would be taking this the whole way if they were not successful in the High Court. A reason he took so long to provide his verdict as he knew that it would end up in the Court of Appeal. Nothing worse for a Judge to present findings in a case and then have that overturned by 3 other Judges.
IMO Judge Brown did all the dirty work and the Court of Appeal Judges just have to sign the paperwork.
The question we all want answered is, when will they sign?
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