SUPREME COURT OF QUEENSLAND
CITATION:
Parbery & Ors v QNI Metals Pty Ltd & Ors [2018] QSC 213
PARTIES:
STEPHEN JAMES PARBERY AND MICHAEL ANDREW OWEN IN THEIR CAPACITIES AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD (IN LIQ)
ACN 009 842 068(first plaintiffs)
QUEENSLAND NICKEL PTY LTD (IN LIQ)
ACN 009 842 068(second plaintiff)
JOHN RICHARD PARK, KELLY-ANNE LAVINA TRENFIELD & QUENTIN JAMES OLDE AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD (IN LIQUIDATION)
ACN 009 842 068(third plaintiffs)
v
QNI METALS PTY LTD
ACN 066 656 175
(first defendant)
QNI RESOURCES PTY LTD
ACN 054 117 921
(second defendant)
QUEENSLAND NICKEL SALES PTY LTD
ACN 009 872 566(third defendant)
CLIVE FREDERICK PALMER
(fourth defendant)
CLIVE THEODORE MENSINK
(fifth defendant)
IAN MAURICE FERGUSON
(sixth defendant)
MINERALOGY PTY LTD
ACN 010 582 680(seventh defendant)
PALMER LEISURE AUSTRALIA PTY LTD
ACN 152 386 617(eighth defendant)
PALMER LEISURE COOLUM PTY LTD
ACN 146 828 122(ninth defendant)
FAIRWAY COAL PTY LTD
ACN 127 220 642(tenth defendant)
CART PROVIDER PTY LTD
ACN 119 455 837(eleventh defendant)
COEUR DE LION INVESTMENTS PTY LTD
ACN 006 334 872(twelfth defendant)
COEUR DE LION HOLDINGS PTY LTD
ACN 003 209 934(thirteenth defendant)
CLOSERIDGE PTY LTD
ACN 010 560 157(fourteenth defendant)
WARATAH COAL PTY LTD
ACN 114 165 669(fifteenth defendant)
CHINA FIRST PTY LTD
ACN 135 588 411(sixteenth defendant)
COLD MOUNTAIN STUD PTY LTD
ACN 119 455 248(seventeenth defendant)
EVGENIA BEDNOVA
(eighteenth defendant)
ALEXANDER GUEORGUIEV SOKOLOV
(nineteenth defendant)
ZHENGHONG ZHANG
(twentieth defendant)
SCI LE COEUR DE L’OCEAN
(twenty-first defendant)
DOMENIC MARTINO
(twenty-second defendant)
MARCUS WILLIAM AYRES
(first defendant added by counterclaim)
STEFAN DOPKING
(second defendant added by counterclaim)
FILE NO/S:
SC No 6593 of 2017
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
17 September 2018
DELIVERED AT:
Brisbane
HEARING DATE:
12 September 2018
JUDGE:
Bond J
ORDER:
The orders of the Court are as follows:
1. Bond J be recused from hearing the trial of this proceeding.
2. The proceeding will remain on the Commercial List but Jackson J will now be the Commercial List judge responsible for the management of the proceeding.
3. Order 16 of the orders made on 27 July 2018 regarding the 3 day hearing before Bond J commencing on 8 October 2018 be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
4. As to the orders made on 3 August 2018 –
(a) Order 11 regarding the trial date be varied to add, at the end of the sentence, “before Jackson J”.
(b) Direction 13 be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
(c) Items 18, 23 and 28 of Schedule 2 to the order be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
CATCHWORDS:
COURTS AND JUDGES – JUDGES – DISQUALIFICATION FOR INTEREST OR BIAS – PARTICULAR GROUNDS – PREJUDGMENT – where the proceeding is…
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- Case
- [2018] QSC 213
- Decision Date
CaseChat Overview and Summary
The court considered whether there was any basis for a finding of actual bias, noting that the fourth defendant had not provided evidence to support his contentions. The court also considered whether there was a relevant risk of apprehended bias, and whether a fair-minded lay observer might reasonably apprehend that Bond J might not bring an impartial and unprejudiced mind to the determination of issues at the trial. The court found that there was a relevant risk of apprehended bias, and that a fair-minded lay observer might reasonably apprehend that Bond J might not bring an impartial and unprejudiced mind to the determination of issues at the trial.
Accordingly, the court ordered that Bond J be recused from hearing the trial of the proceeding, and that Jackson J be the Commercial List judge responsible for the management of the proceeding. The court also varied certain orders to reflect the change in judge. The court did not find any basis for a finding of actual bias.
Orders
Orders of the court
The orders of the Court are as follows:
1. Bond J be recused from hearing the trial of this proceeding.
2. The proceeding will remain on the Commercial List but Jackson J will now be the Commercial List judge responsible for the management of the proceeding.
3. Order 16 of the orders made on 27 July 2018 regarding the 3 day hearing before Bond J commencing on 8 October 2018 be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
4. As to the orders made on 3 August 2018 –
(a) Order 11 regarding the trial date be varied to add, at the end of the sentence, “before Jackson J”.
(b) Direction 13 be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
(c) Items 18, 23 and 28 of Schedule 2 to the order be varied to delete the reference to “Bond J” and to insert in lieu thereof “Jackson J”.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.