Gamester Pty Limited & Anor v Rural Press Limited

The applicants, Gamester Pty Limited and another, sought special leave to appeal to the High Court of Australia against a decision of the court below. The dispute concerned the weight to be given to medical evidence presented in support of an application for an adjournment, particularly in circumstances where the applicant had not given oral evidence.

The High Court was required to determine whether the primary judge erred in disbelieving or discounting medical evidence concerning stress-related illnesses, which had been presented in support of an adjournment application. Specifically, the court needed to consider whether the judge was entitled to form an adverse impression of the applicant's demeanour in court and use that impression to override or disregard the medical certificates and affidavits.

The court considered the primary judge's reasoning, which appeared to rely heavily on his personal observation of the applicant, Miss Cameron, in court. The judge noted that she appeared "quick-witted, looked well and never showed any sign of being unable to answer as quickly as anyone could reasonably be expected to answer" and was "capable of carrying on vigorous debate over long periods." This impression led the judge to disbelieve the medical evidence, which suggested stress-related illnesses. The High Court questioned whether it was appropriate for a judge to discount medical evidence based solely on such an impression, especially when the medical professionals had not necessarily conducted a thorough examination or had relied on subjective complaints. The judge also appeared to have given less weight to an affidavit from Dr. Paul Cunningham, noting that the doctor had "apparently never seen the lady" and seemed to rely on medical records and subjective complaints rather than a direct examination.