In the matter of 1derful Pty Ltd (rec apptd) and the 1derful Group Pty Ltd (rec apptd) [2024] NSWSC 1278

Supreme Court New South Wales

Medium Neutral Citation: In the matter of 1derful Pty Ltd (rec apptd) and the 1derful Group Pty Ltd (rec apptd) [2024] NSWSC 1278 Hearing dates: 10 October 2024 Date of orders: 10 October 2024 Decision date: 10 October 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application for judge to disqualify himself from part heard matter refused. Catchwords: Disqualification application — Apprehended bias —Application refused. Legislation Cited: - Australian Securities and Investments Commission Act 2001 (Cth), ss 12CB-12CC - Evidence Act 1995 (NSW), ss 128, 132 Cases Cited: - Antoun v R (2006) 224 ALR 51; [2006] HCA 2 - Aquamore Fund 2 Pty Ltd v Church Point Apartments Pty Ltd (receivers and managers appointed) [2023] NSWSC 511 - British American Tobacco Australia Ltd v Gordon [2007] NSWSC 109 - Chamoun v District Court of New South Wales [2018] NSWCA 187 - Ebner v Official Trustee in Bankruptcy [2000] HCA 63 at [6]; 205 CLR 337 - Galea v Galea (1990) 19 NSWLR 263 - Jones v National Coal Board [1957] 2 QB 55 - Livesey v New South Wales Bar Association (1983) 151 CLR 288 at 294; [1983] HCA 17 - Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 - Russell v Eaton [2020] VSCA 249 - Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 8 - Sweeney v He [2023] NSWCA 68 Category: Procedural rulings Parties: Luke Bunbury (First Plaintiff) St Jean CF Pty Ltd (Second Plaintiff) 1derful Pty Ltd (receiver appointed) (Third Plaintiff) The 1derful Group Pty Ltd (receiver appointed) (Fourth Plaintiff) Fletch Capital Pty Ltd (First Defendant) Craig Seymour (Second Defendant) Michael Birch (Third Defendant) Mitchell Warren Ball (Fourth Defendant) Representation: Counsel: B DeBuse (Plaintiffs) E Walker/A H Schatz (First and Second Defendants) A P Cheshire SC (Third Defendant)