Royal Guardian Mortgage Management Pty Ltd v Nguyen

(2016) 332 ALR 128; [2016] NSWCA 88

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › New trial
3. › Procedural unfairness
4. › Excessive judicial intervention in course of trial
5. › Whether denial of procedural fairness
6. › Whether matter should be remitted for re-trial
1. Appeal
2. › New trial
3. › Apprehended bias
4. › Private communication by trial judge with counsel for respondents during trial
5. › Whether reasonable apprehension of bias
6. › Whether conduct of trial gave rise to apprehension of bias
1. Appeal
2. › New trial
3. › Waiver
4. › Failure to object to judicial intervention during trial
5. › Whether party precluded from raising procedural unfairness on appeal
1. Appeal
2. › Fact finding
3. › Credibility findings
4. › Whether primary judge palpably misused advantage
5. › Whether finding of dishonesty supported by evidence
6. › Fox v Percy [2003] HCA 22

Quick Take

The Court held that cumulative procedural unfairness from excessive judicial intervention may not be subject to waiver where the unfairness cannot be identified at a specific point in time, and that a positive finding of dishonesty requires more than mere preference for a conflicting version of events.