Orleans Investments Pty Ltd & Anor v MindShare Communications Ltd

• 1. Practice and Procedure
  2. › Apprehended bias
  3. › Trial judge's mistaken reference to material not in evidence
  4. › Amendment of reasons after error disclosed
  5. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
  6. › Whether judge's explanation that material was merely confirmatory could reasonably be questioned
• 1. Practice and Procedure
  2. › Adequacy of reasons
  3. › Credit findings
  4. › Whether trial judge gave adequate reasons for preference of one witness over another
  5. › Distinction between findings on the basis of credit and findings as to credit
• 1. Contract
  2. › Construction
  3. › Non-disparagement covenant
  4. › Whether breach requires proof of knowledge
  5. › Whether necessary to prove knowledge that conduct might harm reputation
  6. › Whether necessary to prove knowledge that entity disparaged was related body corporate
• 1. Equity
  2. › Injunctions
  3. › Enforcement of negative covenant
  4. › Discretionary considerations
  5. › Uncertainty and oppression in terms of injunction
  6. › Whether injunction should follow terms of covenant
  7. › Relationship between principle of granting relief in terms of covenant and principle that orders should be clear and certain

Quick Take