Michael Wilson & Partners Ltd v Nicholls

HIGH COURT OF AUSTRALIAGUMMOW ACJ,HAYNE, HEYDON, CRENNAN AND BELL JJMICHAEL WILSON & PARTNERS LIMITED  APPELLANTANDROBERT COLIN NICHOLLS & ORS  RESPONDENTSMichael Wilson & Partners Limited v Nicholls [2011] HCA 481 December 2011S67/2011ORDER1.        Appeal allowed with costs.2.Set aside paragraphs 3, 4, 5, 6 and 7 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 15 September 2010.3.        Remit the matter to the Court of Appeal for further consideration of: (a)grounds 5(b) to (c), 6 to 15, 17(b) to (d), 18, 20 and 21 of the Amended Notice of Appeal dated 7 May 2010; and(b)the Notice of Cross-Appeal dated 29 January 2010. 4.Costs of the appeal to the Court of Appeal, including the costs of the hearing on remitter, be in the discretion of that Court. 5.Money paid into Court by the appellant, in satisfaction of a condition of the grant of special leave, be paid out to or at the direction of the appellant. On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with M Walton SC and D F C Thomas for the appellant (instructed by Clayton Utz Lawyers)G C Lindsay SC with G W McGrath SC and A D B Fox for the respondents (instructed by Henry Davis York)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMichael Wilson & Partners Limited v NichollsCourts and judges – Bias – Apprehended bias – Appellant successfully applied...