Seven Network (Operations) Limited v Dowling [2019] NSWSC 1173

Seven Network (Operations) Limited v Dowling [2019] NSWSC 1173

The judge held that his limited, casual, public professional acquaintance with Mr Bruce McWilliam and Dr Nicky McWilliam could not give rise to a reasonable apprehension of bias under the Ebner test. The discovery and interrogatory orders sought by the defendant were refused as they were impermissibly broad, irrelevant, unspecified as to time, not directed to facts in issue, and, where relevant, directed to non-parties or matters of mere credit, failing to meet the necessity requirements of the applicable procedural rules.

Parties
First Plaintiff: Seven Network (Operations) Limited ACN 052 845 262; Second Plaintiff: Seven West Media Limited ACN 053 480 845; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Equity Civil Proceedings (contempt) / Interlocutory Application (disqualification, Discovery, Interrogatories)
Outcome
Defendant's applications for recusal, discovery, and interrogatories dismissed; costs ordered against defendant.
Legal Topics
Apprehended Bias, Interlocutory Applications, Discovery, Interrogatories, Judicial Recusal, Contempt of Court
Civil Procedure Equity Apprehended Bias Interlocutory Applications Discovery Interrogatories Judicial Recusal Contempt of Court

Case Brief

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Parties

Seven Network (Operations) Limited ACN 052 845 262

First Plaintiff

Seven West Media Limited ACN 053 480 845

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Equity Civil Proceedings (contempt) / Interlocutory Application (disqualification, Discovery, Interrogatories)

Legal Issues

  1. 1 Whether the judge should recuse himself for apprehended bias
  2. 2 Whether discovery and interrogatories sought by the defendant are necessary for the resolution of real issues in dispute

Ratio Decidendi

The judge held that his limited, casual, public professional acquaintance with Mr Bruce McWilliam and Dr Nicky McWilliam could not give rise to a reasonable apprehension of bias under the Ebner test. The discovery and interrogatory orders sought by the defendant were refused as they were impermissibly broad, irrelevant, unspecified as to time, not directed to facts in issue, and, where relevant, directed to non-parties or matters of mere credit, failing to meet the necessity requirements of the applicable procedural rules.

Court Disposition

Defendant's applications for recusal, discovery, and interrogatories dismissed; costs ordered against defendant.

Orders

  • The defendant's application that the judge should disqualify himself is dismissed.
  • Paragraphs 6 to 15 of the defendant's notice of motion filed 2 July 2019 are dismissed.