Pollard v RRR Corporation Pty Ltd

The appeal in *Pollard v RRR Corporation Pty Ltd* concerned a dispute over fees allegedly due following the wrongful termination of an agreement. The parties presented conflicting accounts regarding the formation of the agreement and its specific terms. The primary judge delivered an ex tempore judgment.

The central legal issues before the appellate court were whether the primary judge’s failure to provide adequate reasons for their decision constituted a ground for appeal, and if so, whether a new trial should be ordered. The court also considered the extent of the obligation to give reasons in an ex tempore judgment and whether the evidence was so compelling that a new trial should be refused.

The Court of Appeal found that the primary judge’s reasons were inadequate, failing to sufficiently explain the basis for accepting one version of events over the other and thus hindering proper appellate review. Applying principles of procedural fairness and the importance of reasoned judgments, the court determined that the inadequacy of the reasons necessitated a new trial. The court noted that while an ex tempore judgment may be brief, it must still provide a discernible basis for the decision.

Consequently, the appeal was allowed, the orders of the District Court were set aside, and the matter was remitted for a new trial. The costs of the first trial were ordered to abide the event of the second trial, with the respondent ordered to pay the appellants' costs of the appeal.