Mackinnon as plaintiff representative of 153 plaintiff group members v Partnership of Larter, Jones, Miraleste Pty Ltd t/as USG Partner and Johnson, t/as "STC Sports Trading Club" (No 4) [2018] NSWSC 147

Supreme Court New South Wales

Medium Neutral Citation: Mackinnon as plaintiff representative of 153 plaintiff group members v Partnership of Larter, Jones, Miraleste Pty Ltd t/as USG Partner and Johnson, t/as "STC Sports Trading Club" (No 4) [2018] NSWSC 147 Hearing dates: 12 February 2018 Date of orders: 12 February 2018 Decision date: 22 February 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application for recusal refused Catchwords: PROCEDURE - courts and judges generally – judges – recusal application – on grounds of apprehended bias – whether fair minded lay observer might reasonably apprehend judge might not bring an impartial and unprejudiced mind – application made on sixth day of hearing – whether judge had intervened in cross-examination – whether judge "closed down" avenues of cross-examination Legislation Cited: Civil Procedure Act 2005 (NSW) Partnership Act 1892 (NSW) Cases Cited: Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 3) [2013] FCA 984 British American Tobacco v Laurie (2011) 242 CLR 283; [2011] HCA 2 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Helow v Secretary of State for the Home Department [2008] 1 WLR 2416 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Marlinspike Debt Acquisitions Pty Ltd v The Undone Pty Ltd (No 2) [2018] NSWSC 71 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71 Category: Procedural and other rulings Parties: Ian Henry Mackinnon as plaintiff representative of 153 plaintiff group members (Plaintiff) The partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd trading as USG Partner and Leigh Johnson, trading as "STC Sports Trading Club" (First Defendant) Anne Patricia Larter (Second Defendant) Alan Jones (Third Defendant) Miraleste Pty Ltd trading as USG Partner (Fourth Defendant) Leigh Johnson (Fifth Defendant) Sports Trading Club Limited (Sixth Defendant) Bella Development Limited (Seventh Defendant) East Ocean Capital Limited (Eighth Defendant) Arabella Racing Pty Ltd (Ninth Defendant) Banksia Holdings (Tenth Defendant) Arabella Louise Foster (Eleventh Defendant) Peter Foster (Twelfth Defendant) Representation: Counsel: T J Dixon (Plaintiff)