The High Court of Australia has held that procedural fairness was not denied by the New South Wales Supreme Court of Appeal (NSWCA) when it overruled a lower court decision without inviting submissions. It was found that the NSWCA had in fact proceeded on the footing that the decision was correct, despite...
The Federal Court of Australia Full Court has found that the judge who dismissed the intellectual property case brought by Cadbury Schweppes against Darrell Lea was not obliged to renounce the case because of apprehended bias. The Full Court appeal revolved around comments made by the judge regarding...
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Tue, Feb 10 2009
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Filed under: admissibility, appeals, courts, expert evidence, judges, practice and procedure, judicial system, further hearing, remittal, apprehended bias, exclusion
