Bettar Holdings Pty Ltd v Amelia 1822 Pty Ltd as trustee for the Waterloo Trust [2017] NSWSC 382

Bettar Holdings Pty Ltd v Amelia 1822 Pty Ltd as trustee for the Waterloo Trust [2017] NSWSC 382

A fair minded lay observer may think Mr Miller SC's prior cross-examination of Mr Bettar could affect impartiality, warranting the setting aside of the reference to Mr Miller.

Parties
Plaintiff/applicant: Bettar Holdings Pty Ltd; Defendant/respondent: Amelia 1822 Pty Ltd as trustee for the Waterloo Trust
Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Equity Technology and Construction List / Order Resolving Application to Set Aside Referee Appointment
Outcome
Reference to Mr Miller SC as referee set aside due to apprehended bias.
Legal Topics
Apprehended Bias, Referee Removal, Impartiality
Equity Civil Procedure Apprehended Bias Referee Removal Impartiality

Case Brief

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Parties

Bettar Holdings Pty Ltd

Plaintiff/applicant

Amelia 1822 Pty Ltd as trustee for the Waterloo Trust

Defendant/respondent

Procedural Posture

Equity Technology and Construction List / Order Resolving Application to Set Aside Referee Appointment

Legal Issues

  1. 1 Whether apprehended bias exists in the appointment of Mr Miller SC as referee due to his prior cross-examination of a key witness, Mr Bettar, whose credit will again be in issue

Ratio Decidendi

A fair minded lay observer may think Mr Miller SC's prior cross-examination of Mr Bettar could affect impartiality, warranting the setting aside of the reference to Mr Miller.

Court Disposition

Reference to Mr Miller SC as referee set aside due to apprehended bias.

Orders

  • Reference of proceedings to Mr Miller SC set aside.