Daily Insurance: Friday, 20 November 2015
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Insurance

Executive Summary (One Minute Read)
Mathews v State of Queensland (FCA) - bias - no bias arising from Court’s previous order in separate proceedings that applicant attend Court in person or by telephone - interlocutory application dismissed
Bull v Australian Quarter Horse Association (NSWCA) - corporations - contract - cloned horse not entitled to registration in Stud Book - appeal dismissed
Trkulja v Google Inc (VSC) - defamation - publication of material on internet generated by search engine - prospects of success - application to set aside service of writ and amended statement of claim dismissed
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Summaries With Link (Five Minute Read)
Mathews v State of Queensland [2015] FCA 1264
Federal Court of Australia
Collier J
Bias - primary proceedings concerned application under Australian Human Rights Commission Act 1986 (Cth) arising from alleged refusal by hospital to allow applicant entry into hospital with his assistance dogs - applicant sought that judge disqualify himself for apprehended bias on basis he ordered him previously, in a different matter, to attend Court either in person or by telephone - rr5.22(c) & 30.22 Federal Court Rules 2011 (Cth) - held: Court satisfied judge ought not be disqualified for apprehended bias - fact that judge directed applicant in separate matter to attend Court would not cause fair-minded lay observer to reasonably apprehend judge might not bring impartial unprejudiced mind to resolution of claims - interlocutory application dismissed.
Bull v Australian Quarter Horse Association [2015] NSWCA 354
Court of Appeal of New South Wales
Bathurst CJ, Beazley P & Sackville AJA
Corporations - contract - appellant was breeder of quarter horses - first respondent was “breed association” - appellant purchased cloned horse in United States of America and imported horse to Australia - appellant sought to register horse in first respondent’s Stud Book - application rejected - primary judge declined to grant relief in respect of refusal - appellant appealed - held: horse not entitled to registration pursuant to Regulation 10.5 in unamended form - horse was imported horse under Regulation 10.3 in its unamended form - as horse not registered with international Stud Book recognised by first respondent not entitled to registration - Regulation 22 in unamended form did not provide basis to register cloned horses - contention rejected that primary judge erred in not finding implied term in agreement between first respondent and its members that Regulations would not be binding until notification of amendments - leave to appeal to raise issue of estoppel refused - appeal dismissed
Trkulja v Google Inc [2015] VSC 635
Supreme Court of Victoria
McDonald J
Defamation - plaintiff alleged defendant defamed him by publishing material on internet generated by its search engine - defendant sought to set aside service of writ and amended statement of claim on basis proceeding had no real prospect of success - ss63(1) & 64 Civil Procedure Act 2010 (Vic) - held: defendant’s primary contention it could not be a publisher not supported by any authority - defendant failed to establish plaintiff had no real prospect of success in establishing search engine results defamatory - defendant’s contention it should have benefit of immunity was invitation for court to adopt role of legislature and rejected - application dismissed.
Poem for Friday (Recitation here by Thomas Hellier)
The Enkindled Spring

This spring as it comes bursts up in bonfires green,
Wild puffing of emerald trees, and flame-filled bushes,
Thorn-blossom lifting in wreaths of smoke between
Where the wood fumes up and the watery, flickering rushes.

I am amazed at this spring, this conflagration
Of green fires lit on the soil of the earth, this blaze
Of growing, and sparks that puff in wild gyration,
Faces of people streaming across my gaze.

And I, what fountain of fire am I among
This leaping combustion of spring? My spirit is tossed
About like a shadow buffeted in the throng
Of flames, a shadow that's gone astray, and is lost.