New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 553

New Price Retail Services Pty Limited and Anor v David Hanna [2014] NSWSC 553

The referee's reports should be adopted in their entirety because no actual or apprehended bias or material breach of natural justice was demonstrated, complaints of error did not rise beyond regular factual disagreement, and any procedural irregularities were waived by the defendant’s conduct and the regime for the inquiry was substantially shaped by the defendant’s own wishes. There was no justification for rejecting the reports, and the Court exercised its discretion to adopt them.

Parties
First Plaintiff: New Price Retail Services Pty Limited; Second Plaintiff: Priceline Pty Limited; Defendant: David Hanna
Jurisdiction
Australia
Judgment Date
09 May 2014
Procedural Posture
Notice of Motion Regarding Adoption of Referee's Report / Post Referee Report, Determination of Motions on Adoption or Rejection of Report
Outcome
Plaintiffs' Notice of Motion for adoption of referee's reports granted; defendant's Notice of Motion for rejection of reports dismissed.
Legal Topics
Referee's Reports, Procedural Fairness, Apprehended Bias, Natural Justice, Waiver of Objection, Court Discretion in Adopting Reports
Civil Procedure Referee's Reports Procedural Fairness Apprehended Bias Natural Justice Waiver of Objection Court Discretion in Adopting Reports

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Parties

New Price Retail Services Pty Limited

First Plaintiff

Priceline Pty Limited

Second Plaintiff

David Hanna

Defendant

Procedural Posture

Notice of Motion Regarding Adoption of Referee's Report / Post Referee Report, Determination of Motions on Adoption or Rejection of Report

Legal Issues

  1. 1 Whether the referee's reports should be adopted, varied, or rejected due to alleged procedural unfairness, apprehension or actuality of bias, or errors in findings

Ratio Decidendi

The referee's reports should be adopted in their entirety because no actual or apprehended bias or material breach of natural justice was demonstrated, complaints of error did not rise beyond regular factual disagreement, and any procedural irregularities were waived by the defendant’s conduct and the regime for the inquiry was substantially shaped by the defendant’s own wishes. There was no justification for rejecting the reports, and the Court exercised its discretion to adopt them.

Court Disposition

Plaintiffs' Notice of Motion for adoption of referee's reports granted; defendant's Notice of Motion for rejection of reports dismissed.

Orders

  • The plaintiffs' Notice of Motion dated 6 September 2013 is granted and orders sought in paragraph 1 of that motion will be made.
  • The defendant's Notice of Motion dated 6 December 2013 is dismissed.