Preston v Walsh t/a Walsh & Associates Patent and Trade Mark Attorneys

The appellant, Preston, appealed a decision made by the Local Court Assessor, Walsh, who found against them in a dispute over a patent infringement claim. The Local Court had ruled in favour of the respondent, who was represented by Walsh, and ordered damages and an account of profits. The appeal was lodged in the Local Court, and subsequently, the matter was transferred to the District Court.

The key legal issue was whether the Assessor's conduct breached the rules of procedural fairness. The appellant argued that Walsh had failed to provide an opportunity to be heard, and that their involvement in the case as both the respondent's representative and the decision-maker constituted an unacceptable conflict of interest. Additionally, the appellant contended that Walsh had prejudged the matter, evidenced by comments made in open court during the trial.

The court found that the Assessor's conduct did indeed breach the rules of procedural fairness. Walsh's dual role as both the respondent's representative and the decision-maker created an unacceptable conflict of interest. Furthermore, Walsh's comments in open court indicated a prejudgment of the matter, which undermined the fairness of the proceedings. As a result, the appeal was allowed, and the orders made in the Local Court were set aside. The matter was remitted to the Local Court for determination on its merits by a different assessor. The costs of the appeal were to be costs in the cause in the Local Court redetermination.