Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2014] NSWCA 369

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2014] NSWCA 369 Hearing dates: 22, 23 September 2014 Decision date: 30 October 2014 Before: Basten JA at [1]; Meagher JA at [116]; Tobias AJA at [117] Decision: (1) Grant the applicants leave to appeal from the judgments, both interlocutory and final in the Common Law Division, excluding the grounds relating to damages (grounds 8-10); the admissibility of evidence of the second and third applicants as to the falsity of imputations (b), (c) and (d) and as to the design, composition and quality of the material used in Babywedge (grounds 12 and 13); the alleged amendment to the defence after the close of evidence (ground 14); the refusal to recuse on the ground of apprehended bias (ground 19). (2) Direct that the applicants file the notice of appeal in the form of the draft contained in the White Folder. (3) Dismiss the appeal. (4) Order that the applicants pay the respondents' costs in this Court. [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 - grounds - apprehended bias - application to trial judge to recuse herself because ruling on admissibility suggested acceptance of the evidence - whether a reasonable fair-minded observer would apprehend bias