Equuscorp Pty Ltd v Wilmoth Field Warne (a firm)

[2003] VSC 463

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMERCIAL AND EQUITY DIVISION

COMMERCIAL LIST

No. 6284 of 2003
F5559

EQUUSCORP PTY LTD ACN 006 012 344	Plaintiff
v
WILMOTH FIELD WARNE (a firm)	Defendant

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JUDGE:	Byrne  J
WHERE HELD:	Melbourne
DATE OF HEARING:	20 November 2003
DATE OF JUDGMENT:	20 November 2003
CASE MAY BE CITED AS:	Equuscorp v Wilmoth Field Warne
MEDIUM NEUTRAL CITATION:	[2003] VSC 463

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Courts and judges – Application to recuse judge - apparent bias.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr F. George A Beaumont QC with Mr S. Maiden	Phillip Kotsanis
For the Defendant	Mr R. M. Garratt QC with Mr Mark Moshinsky	Wilmoth Field Warne

HIS HONOUR:

1. By notice given on 17 November 2003, the plaintiff has requested that I withdraw from hearing the trial of this matter on the ground of apparent bias.  The principles attending such an application are well known.  The cases are referred to in the outline of argument of the plaintiff;  I will not repeat them.

1. I have carefully revisited the passages from the transcript of the interlocutory proceedings in this proceeding upon which reliance is placed.  I have had regard to the context of these selected passages.  I have also had regard to the passages selected from the transcript of 26 September 2003 in another matter in which the present plaintiff was a party.

1. I have considered whether a fair minded observer, familiar with the circumstances, might entertain a reasonable apprehension either that these remarks conveyed a desire on my part to encourage both the parties in the proceeding to focus on the issues of substance in the case, rather than on peripheral matters, or, on the other hand, a disposition that I might not bring an impartial mind to the resolution of those issues.

1. I think that the former is the proper interpretation.  The application accordingly will be dismissed.

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