Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 3) [2013] NSWSC 1648

Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 3) [2013] NSWSC 1648

None of the grounds raised, individually or collectively, established a reasonable apprehension of bias; the judge was applying the rules of evidence and procedure appropriately and maintained impartiality throughout.

Parties
Plaintiff: Born Brands Pty Ltd; Plaintiff: Hayley Birtles-Eades; Plaintiff: Sally Birtles; Defendant: Nine Network Australia Pty Ltd; Defendant: Gabriella Rogers; Defendant: Georgie Gardener
Jurisdiction
Australia
Judgment Date
28 October 2013
Procedural Posture
Interlocutory Application / Application for Disqualification of Trial Judge for Apprehended Bias
Outcome
Application refused
Legal Topics
Apprehended Bias, Disqualification of Judge, Evidentiary Rulings
Administrative Law Apprehended Bias Disqualification of Judge Evidentiary Rulings

Case Brief

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Parties

Born Brands Pty Ltd

Plaintiff

Hayley Birtles-Eades

Plaintiff

Sally Birtles

Plaintiff

Nine Network Australia Pty Ltd

Defendant

Gabriella Rogers

Defendant

Georgie Gardener

Defendant

Procedural Posture

Interlocutory Application / Application for Disqualification of Trial Judge for Apprehended Bias

Legal Issues

  1. 1 Whether the trial judge should be disqualified on the ground of apprehended bias

Ratio Decidendi

None of the grounds raised, individually or collectively, established a reasonable apprehension of bias; the judge was applying the rules of evidence and procedure appropriately and maintained impartiality throughout.

Court Disposition

Application refused

Orders

  • Plaintiffs' application for disqualification of trial judge on grounds of apprehended bias is refused.