Duke Group (in Liq) v Pilmer & Ors (No 3) No. Scciv-92-1874, Scciv-93-1810

The case involves Duke Group (in Liquidation) as the plaintiff against Pilmer and others. The dispute revolves around the assessment of damages and the potential liability of various parties, including Fisher Jeffries. The matter was heard in the Supreme Court of New South Wales. The central issue before the court was whether the judge should recuse himself due to potential bias stemming from his association with a person who might be a witness or whose interests could be affected by the court's decision. The court needed to determine if there was a real danger of bias and whether it was necessary for the judge to disqualify himself.

The court considered two primary grounds for potential bias: the possibility of the judge’s son becoming a witness, and the association with a person whose interests might be affected by the court's decision. Regarding the first ground, the court found that the prospect of the son becoming a witness was sufficiently remote. As for the second ground, the court acknowledged that its decision could impact the financial and reputational interests of a close relative due to potential future legal actions. The judge concluded that while there was a possible interest, it depended on several speculative events, including the claim that advice given was not competent and the initiation of a lawsuit against Fisher Jeffries. The court ultimately decided that these possibilities did not create a real danger of bias sufficient to warrant disqualification.

In light of the above considerations, the court found that there was no real danger of bias and thus no need for the judge to recuse himself. The court proceeded to address the substantive issues of the case. The final orders of the court were directed towards resolving the damages assessment and the liability of the various parties involved, without indicating any disqualification of the judge on the basis of potential bias.