Morey, Philip James v Transurban City Link Ltd & Anor [1997] FCA 952

Morey, Philip James v Transurban City Link Ltd & Anor [1997] FCA 952

Because the Full Court set aside the whole of Northrop J's judgment, including the costs order, the respondents' non-party costs application would be hypothetical if continued before the new trial is determined. Dismissing it would be unfair, and having the new trial judge hear it would be inefficient because the issues concerning Mr Mees are separate from the substantive issues in the new trial and Heerey J has already heard evidence and made rulings. The matters relied on did not establish a reasonable apprehension of bias, because the Full Court's conclusions concerned the merits of Mr Morey's claim and were distinct from the issues in the costs application against Mr Mees.

Jurisdiction
Australia
Judgment Date
05 August 1997
Procedural Posture
Application for a Non Party to Pay Costs of Trial / Resumed Hearing After Full Court Set Aside Trial Judgment and Ordered a New Trial
Outcome
Further hearing adjourned to a date to be fixed after the hearing and determination of the new trial; costs reserved.
Legal Topics
['non Party Costs Order' 'adjournment' 'reasonable Apprehension of Bias' 'judicial Disqualification']
['practice and Procedure' 'costs' 'courts and Judicial System'] ['non Party Costs Order' 'adjournment' 'reasonable Apprehension of Bias' 'judicial Disqualification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for a Non Party to Pay Costs of Trial / Resumed Hearing After Full Court Set Aside Trial Judgment and Ordered a New Trial

Legal Issues

  1. 1 ["Whether the application that Mr Mees pay the respondents' costs of the first trial should be dismissed, adjourned to the judge hearing the new trial, or adjourned for further hearing before Heerey J after the new trial." 'Whether Heerey J should decline to continue hearing the costs application because of a reasonable apprehension of bias arising from his membership of the Full Court which set aside the trial judgment.']

Ratio Decidendi

Because the Full Court set aside the whole of Northrop J's judgment, including the costs order, the respondents' non-party costs application would be hypothetical if continued before the new trial is determined. Dismissing it would be unfair, and having the new trial judge hear it would be inefficient because the issues concerning Mr Mees are separate from the substantive issues in the new trial and Heerey J has already heard evidence and made rulings. The matters relied on did not establish a reasonable apprehension of bias, because the Full Court's conclusions concerned the merits of Mr Morey's claim and were distinct from the issues in the costs application against Mr Mees.

Court Disposition

Further hearing adjourned to a date to be fixed after the hearing and determination of the new trial; costs reserved.

Orders

  • ['Further hearing of this matter be adjourned to a date to be fixed after the hearing and determination of the new trial in matter VG 81 of 1996.' "Costs of today's application reserved."]