Monie v Cth

(2005) 63 NSWLR 729; [2005] NSWCA 25

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › New trial
3. › Delay in delivery of judgment
4. › Significant delay by trial judge
5. › Whether delay destructive of quality of judgment
6. › Whether plaintiffs received fair trial
7. › Approach on appeal to findings by trial judge after significant delay
1. Practice and Procedure
2. › Judgments and orders
3. › Delay in delivery of reserved judgment
4. › Obligations of trial judge after significant delay
5. › Requirement for specific reasons for accepting or rejecting evidence
6. › Whether general assertive statements sufficient after delay
1. Negligence
2. › Duty of care
3. › Commonwealth Employment Service
4. › Referral of ex-offenders for employment
5. › Whether duty of care owed to potential employers
6. › Whether failure to follow screening procedures constituted negligence
7. › Commonwealth Employment Services Act 1978 (Cth)

Quick Take

Where there is significant delay between hearing and judgment, the trial judge must give specific reasons for accepting or rejecting important evidence; general assertive statements about credibility are insufficient. The appellate court will draw the inference that failure to deal with significant evidence or arguments resulted from those matters being overlooked due to the passage of time or pressure to complete the judgment. The complete failure to address documentary evidence central to a fundamental issue will demonstrate that the losing party has not had a fair trial.