Spencer v Bamber [2012] NSWCA 274

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Spencer v Bamber [2012] NSWCA 274 Hearing dates: 25 July 2012 Decision date: 05 September 2012 Before: Basten JA at [1] Campbell JA at [24] Macfarlan JA at [227] Decision: (1) Set aside the order numbered (1) purportedly made in the court below on 26 October 2011. (2) Otherwise, appeal dismissed. (3) Appellant to pay costs of the First and Second Respondents. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL AND NEW TRIAL - bias of trial judge - where the trial judge is alleged to have been vitiated by actual or apprehended bias - allegations of bias must be dealt with first on appeal as the discovery of bias taints the whole of the judgment below

APPEAL AND NEW TRIAL - bias of trial judge - where the trial judge is alleged to have been vitiated by actual or apprehended bias - it is not prejudgment for a trial judge to rely on a party, without objection, seeking to confine the issues it agitates to particular arguments it has put forward at trial

EVIDENCE - proof of documents - where print-out of email produced before the court purporting to show email and its attachments were sent to a particular addressee - reasonable to assume that in the ordinary course of business emails reach their intended recipient - conclusion supported by s 161 Evidence Act 1995