Hamod v State of New South Wales (No 11) [2008] NSWSC 967

Hamod v State of New South Wales (No 11) [2008] NSWSC 967

The plaintiffs did not firmly establish a reasonable apprehension that Harrison J might not bring an impartial mind to the proceedings. Adverse interlocutory decisions, the refusal to vacate the recommencement of the hearing, termination of cross-examination considered irrelevant to the adjournment application, the plaintiffs' loss of confidence, and difficulties arising from self-representation did not, objectively, support apprehended bias. The plaintiffs did not allege actual bias or any improper prior association with the defendants.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Procedural Application for Judicial Disqualification on the Basis of Apprehended Bias / Oral Application by the Plaintiffs During the Eighteenth Day of the Hearing for Harrison J to Disqualify Himself From Further Hearing the Matter
Outcome
Application dismissed
Legal Topics
['apprehended Bias' 'duty to Sit' 'interlocutory Rulings' 'litigants in Person' 'conduct of Judge in Relation to Litigant in Person']
['civil Procedure' 'judicial Disqualification'] ['apprehended Bias' 'duty to Sit' 'interlocutory Rulings' 'litigants in Person' 'conduct of Judge in Relation to Litigant in Person']

Case Brief

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Procedural Posture

Procedural Application for Judicial Disqualification on the Basis of Apprehended Bias / Oral Application by the Plaintiffs During the Eighteenth Day of the Hearing for Harrison J to Disqualify Himself From Further Hearing the Matter

Legal Issues

  1. 1 ['Whether a fair minded lay observer might reasonably apprehend that Harrison J might not bring an impartial mind to the resolution of the proceedings.' 'Whether prior adverse interlocutory rulings and case management decisions supported a reasonable apprehension of bias.' "Whether terminating Mr Hamod's cross-examination of the plaintiffs' former solicitor supported a reasonable apprehension of bias." "Whether the plaintiffs' loss of confidence in the judge, lack of representation, and asserted difficulties with legal procedure or English supported disqualification."]

Ratio Decidendi

The plaintiffs did not firmly establish a reasonable apprehension that Harrison J might not bring an impartial mind to the proceedings. Adverse interlocutory decisions, the refusal to vacate the recommencement of the hearing, termination of cross-examination considered irrelevant to the adjournment application, the plaintiffs' loss of confidence, and difficulties arising from self-representation did not, objectively, support apprehended bias. The plaintiffs did not allege actual bias or any improper prior association with the defendants.

Court Disposition

Application dismissed

Orders

  • ["The plaintiffs' application is dismissed."]