Versace v Monte [2003] FCA 126

Versace v Monte [2003] FCA 126

A reasonable person reading the liability judgment as a whole and in context would not apprehend that the judge was committed to any particular range or amount of damages or predisposed against impartial evaluation of evidence on damages. The prior findings went only to the existence of some real damage sufficient for liability and relief, not to final quantum, and the judge stated that the issue of quantum remained open to further evidence.

Jurisdiction
Australia
Judgment Date
03 March 2003
Procedural Posture
Notice of Motion for Disqualification on Grounds of Apprehended Bias / Application by the First Respondent That Tamberlin J Disqualify Himself From Assessing Damages After Judgment on Liability and Before Assessment of Damages
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'assessment of Damages' 'damage Required for Liability']
['practice and Procedure'] ['apprehended Bias' 'judicial Disqualification' 'assessment of Damages' 'damage Required for Liability']

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Procedural Posture

Notice of Motion for Disqualification on Grounds of Apprehended Bias / Application by the First Respondent That Tamberlin J Disqualify Himself From Assessing Damages After Judgment on Liability and Before Assessment of Damages

Legal Issues

  1. 1 ['Whether statements in the liability judgment gave rise to a reasonable apprehension that the judge had made up his mind as to damage to the second and third applicants and their entitlement to damages.' 'Whether the judge should disqualify himself from assessing damages on the basis of apprehended bias.' 'Whether findings that damage was more than insignificant or insubstantial amounted to a commitment to award a large sum or any particular quantum of damages.']

Ratio Decidendi

A reasonable person reading the liability judgment as a whole and in context would not apprehend that the judge was committed to any particular range or amount of damages or predisposed against impartial evaluation of evidence on damages. The prior findings went only to the existence of some real damage sufficient for liability and relief, not to final quantum, and the judge stated that the issue of quantum remained open to further evidence.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The Notice of Motion filed by the first respondent on 7 February 2003 is dismissed with costs.']