Bates, Michael John t/as Riot Wetsuits v Omareef Pty Ltd & Ors [1998] FCA 1472

Bates, Michael John t/as Riot Wetsuits v Omareef Pty Ltd & Ors [1998] FCA 1472

The appeal failed because Mr Bates did not demonstrate appealable error. The trial judge's finding that the oral contract was for the 1991 winter season only depended on evidence and credibility assessments and was not inconsistent with incontrovertible facts or glaringly improbable. The disclosed contact with the mediator and past association and lunch with respondents' senior counsel, together with the trial conduct complaints, did not establish a reasonable apprehension of bias. No error was shown in the costs discretion or in the interlocutory refusals of leave to amend.

Jurisdiction
Australia
Judgment Date
20 November 1998
Procedural Posture
Appeal From a Judge of the Federal Court of Australia / Appeal From Final Orders and Applications for Leave to Appeal From Interlocutory Orders
Outcome
Appeal dismissed; leave to appeal from interlocutory orders refused; appellant ordered to pay respondents' costs.
Legal Topics
['challenge to Findings of Fact' 'apprehended Bias' 'oral Manufacturing Agreement' 'damages for Breach of Contract' 'leave to Appeal From Interlocutory Orders' 'self Incrimination Certificate']
['practice and Procedure' 'contract Law' 'appellate Procedure' 'evidence'] ['challenge to Findings of Fact' 'apprehended Bias' 'oral Manufacturing Agreement' 'damages for Breach of Contract' 'leave to Appeal From Interlocutory Orders' 'self Incrimination Certificate']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal From a Judge of the Federal Court of Australia / Appeal From Final Orders and Applications for Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 ['Whether the trial judge made an appealable error in finding that the oral contract for manufacture and supply of wetsuits was for the 1991 winter season only.' 'Whether a fair minded person would entertain a reasonable apprehension that the trial judge did not bring an impartial and unprejudiced mind to the case.' 'Whether leave should be granted to appeal from interlocutory orders refusing leave to amend the statement of claim.' "Whether the trial judge's costs orders disclosed appealable error."]

Ratio Decidendi

The appeal failed because Mr Bates did not demonstrate appealable error. The trial judge's finding that the oral contract was for the 1991 winter season only depended on evidence and credibility assessments and was not inconsistent with incontrovertible facts or glaringly improbable. The disclosed contact with the mediator and past association and lunch with respondents' senior counsel, together with the trial conduct complaints, did not establish a reasonable apprehension of bias. No error was shown in the costs discretion or in the interlocutory refusals of leave to amend.

Court Disposition

Appeal dismissed; leave to appeal from interlocutory orders refused; appellant ordered to pay respondents' costs.

Orders

  • ['The appeal be dismissed.' 'Leave to appeal from the orders made on 30 July 1997 and 20 August 1997 be refused.' "The appellant pay the respondents' costs."]