Adamson v Ede [2009] NSWCA 379

New South Wales Court of Appeal

CITATION: Adamson v Ede [2009] NSWCA 379

HEARING DATE(S): 11 May 2009

JUDGMENT DATE: 26 November 2009

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Campbell JA at 3

DECISION: In proceedings 40052/08 - Appeal dismissed with costs. In proceedings 40053/08 - Application for leave to appeal dismissed with costs.

CATCHWORDS: COURTS AND JUDGES – natural justice – procedural fairness – nature of natural justice in a judicial context – importance of judicial context when determining content of natural justice – nature of an opportunity to respond – whether natural justice requires a judge to warn a witness that adverse credit findings are proposed to be made against them – entitlement of trial judge to make findings about credibility – COURTS AND JUDGES – judicial duty – reasons for judgment – whether a trial judge ought to avoid making findings about credibility if the case can be resolved without making such findings – obligation of the judge to state the real reasons for judgment – EVIDENCE – admissibility and relevancy – decisions as to admissibility – obligation on party tendering evidence to demonstrate admissibility and relevancy – whether evidence which a party failed to demonstrate was admissible or relevant can be adduced on appeal – parties bound on appeal by manner in which the case below was conducted – CONTRACTS – onus of proof – whether plaintiff has the onus of proving the validity of a document sued upon when the validity is disputed by the defendant – COURTS AND JUDGES – judges – bias – apprehended bias – matters giving rise to a reasonable apprehension of bias in a fair-minded lay observer – COSTS – costs of interlocutory applications

Bankruptcy Act 1966 (Cth) Contracts Review Act 1980 LEGISLATION CITED: Family Law Act 1975 (Cth) Real Property Act 1900 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005