Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 3) [2013] NSWSC 1648

Supreme Court New South Wales

Medium Neutral Citation: Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 3) [2013] NSWSC 1648 Hearing dates: 21-25; 28-30 October 2013 Decision date: 28 October 2013 Before: Adamson J Decision: Refuse the plaintiffs' application that for disqualification of the trial judge on the grounds of apprehended bias. Catchwords: ADMINISTRATIVE LAW- apprehension of bias- application for disqualification of trial judge- evidentiary rulings- exchanges between bar and bench Legislation Cited: Evidence Act 1995, s 76, s 79 Cases Cited: Australian National Industries Limited v Spedley Securities Limited (in liquidation) (1992) 26 NSWLR 411 Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2013] NSWSC 1649 Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 6) [2013] NSWSC 1651 British American Tobacco Australia Services Limited v Laurie [2011] HCA 2; 242 CLR 283 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Michael Wilson & Partners v Nicholls & Others [2011] HCA 48; 244 CLR 427 Category: Interlocutory applications Parties: Born Brands Pty Ltd (First Plaintiff) Hayley Birtles-Eades (Second Plaintiff) Sally Birtles (Third Plaintiff) Nine Network Australia Pty Ltd (First Defendant) Gabriella Rogers (Second Defendant) Georgie Gardener (Third Defendant) Representation: Counsel: CA Evatt and RKM Rasmussen (Plaintiff) TD Blackburn SC and ATS Dawson (Defendants) Solicitors: Beazley Singleton Lawyers (Plaintiffs) Johnson Winter and Slattery (Defendants) File Number(s): 2011/115199 Publication restriction: Nil