MWP v Nicholls; High Court finds Trial Judge did not Err

The High Court held in Michael Wilson & Partners Ltd v Roberts Colin Nicholls [2011] HCA 48 that a trial judge had not erred when he elected not to disqualify himself from hearing a proceeding in the Supreme Court of New South Wales and thus allowed the appeal.

The trial judge had been involved in an application by Michael Wilson & Partners Ltd (MWP) for permission to use, for foreign proceedings and criminal investigations, affidavits of the respondents in the Supreme Court proceeding. These were all done in the strictest of confidentiality without the knowledge of the respondents. When the investigations were over and the confidentiality orders were lifted, the respondents argued that the trial judge should disqualify himself from hearing the proceedings.

The High Court found that the trial judge was right to not disqualify himself as a fair minded observer could not reasonably have apprehended that the trial judge might not bring an impartial mind to the case due to what had occurred in connection with MWP’s past applications. The trial had not found anything at issue and the confidentiality orders were not enough to found reasonable apprehension of bias.

If you liked the content of this blog, then get our integrated LawOne Service, the only one-stop shop, for a special extended 6 week period as part of our Christmas Gift Promotion.
Simply like us on Facebook and fill out your details at http://www.timebase.com.au/christmas-gift-2011