Yamaha Motor Finance Australia Pty Limited v Coast to Coast Boating Pty Limited [2017] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: Yamaha Motor Finance Australia Pty Limited v Coast to Coast Boating Pty Limited [2017] NSWSC 518 Hearing dates: 1 May 2017 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Equity Before: Pembroke J Decision: Application dismissed with costs Catchwords: BIAS – apprehension – dialogue with counsel at directions hearing – indications of concern – no reasonable apprehension of bias Cases Cited: Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Vakuata v Kelly [1989] HCA 44; (1989) 167 CLR 568 Category: Procedural and other rulings Parties: Yamaha Motor Finance Australia Pty Limited – plaintiff Coast to Coast Boating Pty Ltd – first defendant Mark Robert Durnian – second defendant Robert Daniel Durnian – third defendant Patricia Ann Durnian – fourth defendant Melinda-Jane Durnian – fifth defendant Representation: Counsel: S Robertson – for the plaintiff No appearance for the first defendant M Gunning – for the second defendant A Justice – for the third and fourth defendants No appearance for the fifth defendant

Solicitors: Bayside Solicitors – for the plaintiff

No appearance for the first defendant Mills Oakley – for the second defendant Vanguard Lawyers – for the third and fourth defendants No appearance for the fifth defendant File Number(s): 2015/237159