Cassegrain v Commonwealth Development Bank of Australia Ltd

The parties to this appeal were the Cassegrains and the Commonwealth Development Bank of Australia Ltd. The dispute concerned a mediation agreement, with the Cassegrains alleging that the agreement was entered into in bad faith and was obtained by unconscionable conduct. The appeal was heard by the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the mediation agreement was vitiated by unconscionable conduct, and whether there was any actual or ostensible bias on the part of the judge who presided over the original proceedings. The Cassegrains also contended that the judge had failed to give adequate reasons for his decision.

The Court of Appeal found no evidence to support the claims of unconscionable conduct or bias. It was held that the mediation agreement was validly entered into and that the judge's conduct did not demonstrate any bias, actual or ostensible. Furthermore, the court determined that the judge's reasons for his decision were sufficient. The court also noted that no objection was taken regarding bias during the trial, suggesting a waiver of any subsequent right to complain on that ground.

The appeals were dismissed, and the Cassegrains were ordered to pay the costs of the Commonwealth Development Bank of Australia Ltd.