Thomson v Tremco Pty Limited

[2019] QCA 18

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Right of appeal
4. › Apprehended bias in judicial proceedings
5. › Pre-appointment public statements by trial judge
6. › Whether public statements about litigants in person gave rise to apprehended bias
7. › Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
1. Appeal
2. › General principles
3. › Right of appeal
4. › Apprehended bias in judicial proceedings
5. › Judicial disclosure during trial
6. › Whether disclosure of prior professional connection with witness's firm gave rise to apprehended bias
7. › Whether refusal to adjourn for recusal application constituted apprehended bias
1. Corporations
2. › Directors' liability
3. › Insolvent trading
4. › De facto director
5. › Compensation for loss under s 588M(3)
6. › Whether debts incurred for purposes of s 588G
7. › Whether judgment debt constitutes debt incurred by company
8. › Corporations Act 2001 (Cth), ss 588G, 588M(3)
1. Appeal
2. › Interference with judge's findings of fact
3. › Proof and evidence
4. › Admission on pleadings of debts incurred
5. › Whether admission of paragraph in statement of claim precluded challenge to proof of individual debts

Quick Take

A trial judge's pre-appointment academic or professional writings about categories of litigants do not give rise to apprehended bias where the writings are directed at advising advocates and the litigant does not fall within the specific category discussed. Judicial disclosure of a prior professional connection, made out of abundance of caution, does not convert a non-disqualifying matter into a disqualifying one. For insolvent trading claims under s 588G/588M, the debt incurred by the company is distinct from the judgment debt used to quantify the plaintiff's loss.