Midas Management Pty Ltd v Equator Communications Pty Ltd (No 2) [2009] NSWSC 1034

Midas Management Pty Ltd v Equator Communications Pty Ltd (No 2) [2009] NSWSC 1034

No issue of bias can arise as the remitter was to ensure proper election between parties and not for determination of issues; the Magistrate acted according to law and there was no reasonable apprehension of bias. The appeal must fail.

Parties
Plaintiff: Midas Management Pty Ltd; First Defendant: Equator Communications Pty Ltd; Second Defendant: Anthony Mead
Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; judgment for the defendant; plaintiff to pay defendants' costs; proceedings otherwise dismissed.
Legal Topics
Bias and Apprehended Bias, Disqualification of Judicial Officer, Election Between Parties, Inconsistent Judgments
Judicial Procedure Administrative Law Bias and Apprehended Bias Disqualification of Judicial Officer Election Between Parties Inconsistent Judgments

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Parties

Midas Management Pty Ltd

Plaintiff

Equator Communications Pty Ltd

First Defendant

Anthony Mead

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was apprehended bias or bias when the same judicial officer concluded proceedings after remitter
  2. 2 Proper application of procedural rules governing election between parties with alternative liability
  3. 3 Whether the Magistrate correctly set aside a default judgment to avoid inconsistent judgments

Ratio Decidendi

No issue of bias can arise as the remitter was to ensure proper election between parties and not for determination of issues; the Magistrate acted according to law and there was no reasonable apprehension of bias. The appeal must fail.

Court Disposition

Appeal dismissed; judgment for the defendant; plaintiff to pay defendants' costs; proceedings otherwise dismissed.

Orders

  • Leave to appeal granted against interlocutory orders of Magistrate Dillon of 7 August 2008
  • Judgment for the defendant in these proceedings