Edwards v Santos Limited (No 3) [2011] FCA 886

Edwards v Santos Limited (No 3) [2011] FCA 886

The application for disqualification based on apprehended bias must be dismissed because (1) the circumstances relied on by the applicants do not give rise to any reasonable apprehension of bias, and (2) even if they did, the applicants have waived their right to so object by not raising the issue promptly and proceeding to seek mandatory relief in the High Court compelling the judge to resume the case without applying for orders assigning another judge.

Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Application (notice of Motion) / Interlocutory Application for Recusal/disqualification Based on Apprehended Bias
Outcome
Application dismissed
Legal Topics
['apprehended Bias' 'waiver of Bias' 'summary Dismissal' 'jurisdiction' 'native Title' 'declaratory Relief']
['administrative Law' 'constitutional Law' 'indigenous Law'] ['apprehended Bias' 'waiver of Bias' 'summary Dismissal' 'jurisdiction' 'native Title' 'declaratory Relief']

Case Brief

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Procedural Posture

Application (notice of Motion) / Interlocutory Application for Recusal/disqualification Based on Apprehended Bias

Legal Issues

  1. 1 ['Whether the judge should recuse himself from further hearing the substantive application on the basis of alleged apprehended bias' 'Whether the applicants waived any right to object to the judge continuing to hear the proceedings by seeking mandamus in the High Court']

Ratio Decidendi

The application for disqualification based on apprehended bias must be dismissed because (1) the circumstances relied on by the applicants do not give rise to any reasonable apprehension of bias, and (2) even if they did, the applicants have waived their right to so object by not raising the issue promptly and proceeding to seek mandatory relief in the High Court compelling the judge to resume the case without applying for orders assigning another judge.

Court Disposition

Application dismissed

Orders

  • ["The application made by the applicants' notice of motion filed 9 June 2011 is dismissed."]