O’Meara v Adams (No 2) [2021] NSWSC 1167

O’Meara v Adams (No 2) [2021] NSWSC 1167

The Magistrate did not deny procedural fairness or give rise to apprehended bias by raising the correct legal approach to when conversion occurred and giving both parties an opportunity to address it; the parties' assumed position on the law did not bind him. The challenges to the progeny findings and valuation were factual matters disclosing no error of law and did not justify leave. The Deed of Settlement did not require DNA proof of progeny, and it was open to assess damages at the date of conversion using market evidence including GST. The oral reasons were sufficient. All grounds were rejected.

Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Appeal From Local Court Judgment in a Conversion Claim Concerning Cattle / Supreme Court Decision on Appeal; Appeal as of Right on Questions of Law and Application for Leave on Mixed Questions of Fact and Law
Outcome
Appeal dismissed; leave to appeal not granted where necessary.
Legal Topics
['appeal From Local Court' 'questions of Law' 'leave to Appeal' 'procedural Fairness' 'apprehended Bias' 'conversion' 'assessment of Damages' 'gst in Damages' 'construction of Deed of Settlement']
['appeals' 'torts' 'damages' 'civil Procedure'] ['appeal From Local Court' 'questions of Law' 'leave to Appeal' 'procedural Fairness' 'apprehended Bias' 'conversion' 'assessment of Damages' 'gst in Damages' 'construction of Deed of Settlement']

Case Brief

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Procedural Posture

Appeal From Local Court Judgment in a Conversion Claim Concerning Cattle / Supreme Court Decision on Appeal; Appeal as of Right on Questions of Law and Application for Leave on Mixed Questions of Fact and Law

Legal Issues

  1. 1 ["Whether the Magistrate's questioning about the date of conversion and departure from the parties' assumed legal position gave rise to apprehended bias or procedural unfairness." 'Whether challenges to findings identifying the cattle progeny disclosed a question of law or warranted leave to appeal.' 'Whether the Deed of Settlement required progeny to be proved by DNA testing.' 'Whether the Magistrate erred in assessing damages by reference to Grafton market evidence at the date of conversion rather than the later sale proceeds.' 'Whether GST was properly included in the damages for conversion.' 'Whether the Magistrate was required to provide a written judgment.']

Ratio Decidendi

The Magistrate did not deny procedural fairness or give rise to apprehended bias by raising the correct legal approach to when conversion occurred and giving both parties an opportunity to address it; the parties' assumed position on the law did not bind him. The challenges to the progeny findings and valuation were factual matters disclosing no error of law and did not justify leave. The Deed of Settlement did not require DNA proof of progeny, and it was open to assess damages at the date of conversion using market evidence including GST. The oral reasons were sufficient. All grounds were rejected.

Court Disposition

Appeal dismissed; leave to appeal not granted where necessary.

Orders

  • ['Appeal dismissed.' "Plaintiff to pay the defendant's costs of the appeal."]