In the matter of 1derful Pty Ltd (rec apptd) and the 1derful Group Pty Ltd (rec apptd) [2024] NSWSC 1278

In the matter of 1derful Pty Ltd (rec apptd) and the 1derful Group Pty Ltd (rec apptd) [2024] NSWSC 1278

An informed and fair-minded lay observer, aware of the preliminary and contingent nature of the judge's remarks and questions, and the context in which warnings and opportunities were provided to address adverse findings, would not reasonably apprehend bias on the part of the judge. Consequently, the application for disqualification is refused.

Parties
First Plaintiff: Luke Bunbury; Second Plaintiff: St Jean CF Pty Ltd; Third Plaintiff: 1derful Pty Ltd (receiver appointed); Fourth Plaintiff: The 1derful Group Pty Ltd (receiver appointed); First Defendant: Fletch Capital Pty Ltd; Second Defendant: Craig Seymour; Third Defendant: Michael Birch; Fourth Defendant: Mitchell Warren Ball
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Application for Judicial Disqualification / Mid Hearing Interlocutory Application
Outcome
Application for disqualification refused
Legal Topics
Apprehended Bias, Disqualification of Judge, Procedural Fairness
Equity Corporations Apprehended Bias Disqualification of Judge Procedural Fairness

Case Brief

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Parties

Luke Bunbury

First Plaintiff

St Jean CF Pty Ltd

Second Plaintiff

1derful Pty Ltd (receiver appointed)

Third Plaintiff

The 1derful Group Pty Ltd (receiver appointed)

Fourth Plaintiff

Fletch Capital Pty Ltd

First Defendant

Craig Seymour

Second Defendant

Michael Birch

Third Defendant

Mitchell Warren Ball

Fourth Defendant

Procedural Posture

Application for Judicial Disqualification / Mid Hearing Interlocutory Application

Legal Issues

  1. 1 Whether the judge should disqualify himself for apprehended bias

Ratio Decidendi

An informed and fair-minded lay observer, aware of the preliminary and contingent nature of the judge's remarks and questions, and the context in which warnings and opportunities were provided to address adverse findings, would not reasonably apprehend bias on the part of the judge. Consequently, the application for disqualification is refused.

Court Disposition

Application for disqualification refused

Orders

  • The application for the judge to disqualify himself from the part-heard matter is dismissed.