A J Mills & Sons P/L & Anor v WTH P/L [2004] NSWSC 1075

A J Mills & Sons P/L & Anor v WTH P/L [2004] NSWSC 1075

The plaintiffs failed to show any denial of natural justice. A fair-minded person would not reasonably apprehend or suspect that the Assessor had prejudged or might prejudge the proceedings, and the allegation of bias was not borne out. The Assessor drew the parties' attention to the critical issue of possible contributory negligence and was not obliged to adjourn the matter to allow a belated third-party notice after evidence had already been given. The appeal was therefore dismissed and the Assessor's decision affirmed.

Jurisdiction
Australia
Judgment Date
17 November 2004
Procedural Posture
Appeal From Local Court Small Claims Division Decision Under S 69(2 A) of the Local Courts (civil Claims) Act 1970 (nsw) / Final Judgment
Outcome
Appeal dismissed; decision of Assessor Roberts dated 30 April 2004 affirmed; amended summons dismissed; plaintiffs ordered to pay the defendant's costs as agreed or assessed.
Legal Topics
['appeal From Small Claims Division' 'denial of Procedural Fairness' 'reasonable Apprehension of Bias' 'adjournment to Join Third Party' 'contributory Negligence in Motor Vehicle Collision Proceedings']
['civil Procedure' 'natural Justice' 'small Claims' 'bias'] ['appeal From Small Claims Division' 'denial of Procedural Fairness' 'reasonable Apprehension of Bias' 'adjournment to Join Third Party' 'contributory Negligence in Motor Vehicle Collision Proceedings']

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Procedural Posture

Appeal From Local Court Small Claims Division Decision Under S 69(2 A) of the Local Courts (civil Claims) Act 1970 (nsw) / Final Judgment

Legal Issues

  1. 1 ['Whether the Assessor denied procedural fairness by reason of bias in considering, misstating or failing to consider evidence and submissions.' 'Whether a fair-minded person might reasonably apprehend or suspect that the Assessor had prejudged or might prejudge the proceeding.' 'Whether procedural fairness required the Assessor to grant an adjournment so that Mr Cooper could be joined as a third party.' "Whether the Assessor failed to bring a critical issue to the parties' attention and permit them to address it."]

Ratio Decidendi

The plaintiffs failed to show any denial of natural justice. A fair-minded person would not reasonably apprehend or suspect that the Assessor had prejudged or might prejudge the proceedings, and the allegation of bias was not borne out. The Assessor drew the parties' attention to the critical issue of possible contributory negligence and was not obliged to adjourn the matter to allow a belated third-party notice after evidence had already been given. The appeal was therefore dismissed and the Assessor's decision affirmed.

Court Disposition

Appeal dismissed; decision of Assessor Roberts dated 30 April 2004 affirmed; amended summons dismissed; plaintiffs ordered to pay the defendant's costs as agreed or assessed.

Orders

  • ['The appeal is dismissed.' 'The decision of Assessor Roberts dated 30 April 2004 is affirmed.' 'The amended summons filed 3 September 2004 is dismissed.' "The plaintiffs are to pay the defendant's costs as agreed or assessed."]