Judge slapped on wrist over link disclosure

Supreme Court Judge Bill Wilson has been criticised for inadequately disclosing a potential conflict of interest in a case.

But the judge has been cleared of allegations of "unconscious bias" favouring the client of a lawyer who is a close friend and business associate.

The bias allegation arose from Justice Wilson sitting on a Court of Appeal case in 2007 in which Alan Galbraith, QC, represented the winning party, the former Wool Board.

Justice Wilson, who has since been appointed to the Supreme Court, breeds horses with Mr Galbraith and they co-own some of the Waikato land that is home to Rich Hill Stud.

In April 2007, Justice Wilson was one of three judges that overturned a High Court judge's ruling that would have given a group of wool growers a share of the Wool Board's multimillion-dollar reserves. The wool growers, headed by Saxmere Company, complained later that having Justice Wilson sit on the appeal had an appearance of bias.

But the Supreme Court sitting with two alternate members to replace Justice Wilson and Chief Justice Dame Sian Elias, with whom Mr Galbraith also has horse-racing interests yesterday dismissed the Saxmere group's appeal. All five members agreed there were no grounds for a fair-minded layperson to reasonably think that the personal and business relationship might have affected Justice Wilson's impartiality.

The court said it was not alleged Justice Wilson had any financial interest in the outcome of the case, or association with any of the parties or witnesses. Instead it was claimed that he may have been unconsciously biased in favour of Mr Galbraith and consequently his client.

Justice Wilson had informally disclosed to Saxmere's lawyer something of the association before the hearing and no objection was made to his sitting on the case.

Presiding Justice Peter Blanchard criticised the way Justice Wilson disclosed the link. "He did not follow the proper course of making the disclosure in writing and through the registrar to counsel for both parties."

Another of the judges, Justice Tom Gault, said more information would be needed about Justice Wilson's disclosure before expressing a view.

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