Briscoe-Hough v A.V.S Australian Venue Security Services Pty Ltd

Briscoe-Hough (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court. The dispute concerned the appellant's claim for damages against A.V.S. Australian Venue Security Services Pty Ltd (the respondent) for alleged breaches of contract and negligence.

The primary legal issues before the Court of Appeal were whether the District Court judge had erred in his assessment of damages, and whether the judge’s conduct demonstrated actual or apprehended bias, thereby requiring his disqualification.

The Court of Appeal, comprising Sheller and Santow JJA and Brownie AJA, found that while there was no basis to disqualify the District Court judge for bias, the judge had made errors in calculating the damages awarded to the appellant. The court reasoned that the original assessment of damages did not adequately reflect the losses suffered by the appellant due to the respondent's conduct.

Consequently, the Court of Appeal granted leave to appeal, dismissed the application for leave to cross-appeal, and allowed the appeal in part. The judgment of $5,522.90 was substituted with a judgment for $20,995.45. The respondent was ordered to pay the appellant's costs of the appeal and related applications, and was granted a certificate under the Suitors' Fund Act 1951.