Trustees of the Christian Brothers v Cardone, E. & Ors [1995] FCA 407

Trustees of the Christian Brothers v Cardone, E. & Ors [1995] FCA 407

The evidence did not firmly establish a reasonable apprehension of bias warranting the judge's disqualification; the findings on negligence and contributory negligence were supported by the evidence; the award for general damages was insufficient and should be increased to $50,000.

Parties
Appellant / Cross Respondent: Trustees of the Christian Brothers; Respondent / Cross Appellant: Enzo Cardone
Jurisdiction
Australia
Judgment Date
20 June 1995
Procedural Posture
Appeal and Cross Appeal / Judgment Following Appeal From Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed; cross-appeal allowed by increasing award for general damages.
Legal Topics
Negligence, Contributory Negligence, Damages, Judicial Bias, Reasonable Apprehension of Bias, Personal Injury
Tort Law Judicial Process Civil Procedure Negligence Contributory Negligence Damages Judicial Bias Reasonable Apprehension of Bias +1 more

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Parties

Trustees of the Christian Brothers

Appellant / Cross Respondent

Enzo Cardone

Respondent / Cross Appellant

Procedural Posture

Appeal and Cross Appeal / Judgment Following Appeal From Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Should trial judge have disqualified himself due to reasonable apprehension of bias?
  2. 2 Was there evidence to support findings of negligence and no contributory negligence?
  3. 3 Was the award for general damages sufficient?

Ratio Decidendi

The evidence did not firmly establish a reasonable apprehension of bias warranting the judge's disqualification; the findings on negligence and contributory negligence were supported by the evidence; the award for general damages was insufficient and should be increased to $50,000.

Court Disposition

Appeal dismissed; cross-appeal allowed by increasing award for general damages.

Orders

  • The appeal be dismissed.
  • The cross-appeal be allowed so as to increase the award of general damages to $50,000.