Pastizzi Cafe Pty Ltd v Hossain (No 2) [2011] NSWSC 766

Pastizzi Cafe Pty Ltd v Hossain (No 2) [2011] NSWSC 766

Referencing an unread affidavit as one of multiple grounds for an interlocutory ruling does not amount to apprehended bias sufficient to warrant standing down.

Jurisdiction
Australia
Judgment Date
20 July 2011
Procedural Posture
Application / Interlocutory
Outcome
Application to stand down dismissed.
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'interlocutory Application']
['procedure'] ['apprehended Bias' 'disqualification of Judge' 'interlocutory Application']

Case Brief

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Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 ['Whether the judge should stand down due to apprehended bias arising from a reference to an unread affidavit.']

Ratio Decidendi

Referencing an unread affidavit as one of multiple grounds for an interlocutory ruling does not amount to apprehended bias sufficient to warrant standing down.

Court Disposition

Application to stand down dismissed.

Orders

  • ['Application to stand down dismissed.']