Ceccattini & 1 Ors v ICM 2000 P/L & 1 Ors [1999] NSWSC 1196

Ceccattini & 1 Ors v ICM 2000 P/L & 1 Ors [1999] NSWSC 1196

The Court held that there was no reasonable apprehension of bias arising from the Referee's conduct or prior findings, even considering procedural unfairness, because redress was being afforded and a fair-minded observer would not apprehend a lack of impartiality. The further participation of the Referee after procedural corrections and opportunity for further evidence and submissions did not demonstrate prejudgment or bias sufficient to require his disqualification.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Equity Motion / Interlocutory Judgment
Outcome
Application dismissed; not satisfied there is a reasonable apprehension of bias or conduct requiring fresh referral to a new referee.
Legal Topics
['apprehended Bias' 'procedural Fairness' 'referee Procedure' 'waiver']
['practice and Procedure'] ['apprehended Bias' 'procedural Fairness' 'referee Procedure' 'waiver']

Case Brief

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Procedural Posture

Equity Motion / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether there is a reasonable apprehension of bias on the part of a Court-appointed Referee due to procedural unfairness and alleged prejudgment' 'Whether subsequent procedures and orders redressing procedural unfairness are sufficient to dispel apprehended bias' 'Whether refusal to participate in a further hearing amounts to waiver of apprehended bias']

Ratio Decidendi

The Court held that there was no reasonable apprehension of bias arising from the Referee's conduct or prior findings, even considering procedural unfairness, because redress was being afforded and a fair-minded observer would not apprehend a lack of impartiality. The further participation of the Referee after procedural corrections and opportunity for further evidence and submissions did not demonstrate prejudgment or bias sufficient to require his disqualification.

Court Disposition

Application dismissed; not satisfied there is a reasonable apprehension of bias or conduct requiring fresh referral to a new referee.

Orders

  • ['Orders to facilitate subpoenas if required for further evidence from Messrs Burke and Curran.' 'Hearing before the Referee to test the evidence with questions and submissions from both parties.' 'Referee to provide a further report after consideration of all evidence and submissions.' 'Leave for parties to make...