Williams River Stables Pty Ltd v Spink, John & Ors Spink, John & Anor v Soennichsen, Richard & Anor [1997] FCA 1438

Williams River Stables Pty Ltd v Spink, John & Ors Spink, John & Anor v Soennichsen, Richard & Anor [1997] FCA 1438

The Notice of Motion was dismissed because sending Schedule A to Mr Gallagher, although conceded to have been improper, did not constitute a breach of natural justice or give rise to a reasonable apprehension that he would treat the allegations as true or act with bias, and the pre-appointment communications did not go beyond normal availability enquiries.

Jurisdiction
Australia
Judgment Date
12 December 1997
Procedural Posture
Notice of Motion / Interlocutory Application for Termination of a Court Appointed Expert's Appointment
Outcome
Applicant's Notice of Motion dated 27 November 1997 dismissed; no order as to costs.
Legal Topics
['court Appointed Expert Witness' 'apprehended Bias' 'communications With Expert Witness' 'building Litigation']
['civil Procedure' 'evidence' 'natural Justice'] ['court Appointed Expert Witness' 'apprehended Bias' 'communications With Expert Witness' 'building Litigation']

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Procedural Posture

Notice of Motion / Interlocutory Application for Termination of a Court Appointed Expert's Appointment

Legal Issues

  1. 1 ["Whether sending Schedule A by the respondents' solicitors to Mr Gallagher constituted a breach of the rules of natural justice." "Whether communications between the respondents' solicitors and Mr Gallagher before his appointment justified termination of his appointment." "Whether Mr Gallagher's appointment as a Court-appointed expert should be terminated."]

Ratio Decidendi

The Notice of Motion was dismissed because sending Schedule A to Mr Gallagher, although conceded to have been improper, did not constitute a breach of natural justice or give rise to a reasonable apprehension that he would treat the allegations as true or act with bias, and the pre-appointment communications did not go beyond normal availability enquiries.

Court Disposition

Applicant's Notice of Motion dated 27 November 1997 dismissed; no order as to costs.

Orders

  • ["The Applicant's Notice of Motion dated 27 November 1997 be dismissed." 'No order as to costs.']