Huang v Drumm [2018] NSWSC 1300

Huang v Drumm [2018] NSWSC 1300

The appeal failed because the Magistrate did not refuse the affidavits on the basis of Hearne v Street; that objection had been withdrawn, the plaintiff was permitted to cross-examine on the affidavits, and she was given opportunities to tender further documents but did not establish a basis to re-open her case. No actual bias or apprehended bias was established, as the plaintiff did not identify transcript material or a logical connection showing prejudgment or lack of impartiality. The costs grounds also failed because the refusal to adjourn was a discretionary decision supported by the plaintiff's inadequate explanation and existing written submissions, the plaintiff did not pursue her...

Jurisdiction
Australia
Judgment Date
27 August 2018
Procedural Posture
Appeal From Local Court of NSW Civil Proceedings / Hearing of Amended Summons Filed 18 April 2018 Challenging Local Court Judgments on Liability and Costs
Outcome
Appeal dismissed.
Legal Topics
['appeal From Local Court on Question of Law' 'application to Re Open Case and Tender Evidence' 'implied Undertaking in Hearne V Street' 'actual Bias and Apprehended Bias' 'adjournment of Costs Hearing' 'offer of Compromise and Indemnity Costs' 'gross Sum Costs Order']
['appeals' 'civil Procedure' 'costs' 'contract' 'restitution' 'equity'] ['appeal From Local Court on Question of Law' 'application to Re Open Case and Tender Evidence' 'implied Undertaking in Hearne V Street' 'actual Bias and Apprehended Bias' 'adjournment of Costs Hearing' 'offer of Compromise and Indemnity Costs' 'gross Sum Costs Order']

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Procedural Posture

Appeal From Local Court of NSW Civil Proceedings / Hearing of Amended Summons Filed 18 April 2018 Challenging Local Court Judgments on Liability and Costs

Legal Issues

  1. 1 ['Whether the Magistrate erred in relation to Hearne v Street by refusing to allow the plaintiff to tender affidavits from the Supreme Court proceedings.' "Whether the Magistrate's conduct gave rise to actual bias or a reasonable apprehension of bias." 'Whether the Magistrate erred in refusing to adjourn the costs hearing when the plaintiff did not appear.' "Whether the Magistrate erred in dealing with the plaintiff's gross sum costs motion." "Whether the Magistrate erred in ordering indemnity costs following the defendant's Offer of Compromise."]

Ratio Decidendi

The appeal failed because the Magistrate did not refuse the affidavits on the basis of Hearne v Street; that objection had been withdrawn, the plaintiff was permitted to cross-examine on the affidavits, and she was given opportunities to tender further documents but did not establish a basis to re-open her case. No actual bias or apprehended bias was established, as the plaintiff did not identify transcript material or a logical connection showing prejudgment or lack of impartiality. The costs grounds also failed because the refusal to adjourn was a discretionary decision supported by the plaintiff's inadequate explanation and existing written submissions, the plaintiff did not pursue her...

Court Disposition

Appeal dismissed.

Orders

  • ['Dismiss the amended summons filed 18 April 2018.' "The plaintiff is to pay the defendant's costs of the proceedings."]