During his courtroom defense of the piece Dobell stated:"Art fails to be Art if you fail to select for your design. All artists must do that and I did it."The claim was dismissed and the award was upheld, but the ordeal left Dobell emotionally disturbed and he retreated in 1945 to his sister's home at Wangi Wangi on Lake Macquarie, where he began to paint landscapes. The Supreme Court opinion by Mister Justice Roper said:
