Thunder Studios Inc (California) v Kazal (No 7) [2018] FCA 996

Thunder Studios Inc (California) v Kazal (No 7) [2018] FCA 996

The fair-minded lay observer would not reasonably apprehend that the judge might not bring an impartial mind to the future resolution of the issues, given the reasons, findings, and procedures followed. There is no logical connection between the previous adverse rulings and any fear that the judge might not decide the case on its merits.

Parties
First Applicant: Thunder Studios Inc (California); Second Applicant: Rodric Marc David; First Respondent: Charif Kazal; Second Respondent: Adam Kazal
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Practice and Procedure / Interlocutory Application for Recusal (apprehended Bias)
Outcome
Application for recusal dismissed
Legal Topics
Apprehended Bias, Disqualification of Judge, Recusal Applications
Practice and Procedure Apprehended Bias Disqualification of Judge Recusal Applications

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Parties

Thunder Studios Inc (California)

First Applicant

Rodric Marc David

Second Applicant

Charif Kazal

First Respondent

Adam Kazal

Second Respondent

Procedural Posture

Practice and Procedure / Interlocutory Application for Recusal (apprehended Bias)

Legal Issues

  1. 1 Whether the circumstances give rise to a reasonable apprehension of bias requiring the judge's recusal

Ratio Decidendi

The fair-minded lay observer would not reasonably apprehend that the judge might not bring an impartial mind to the future resolution of the issues, given the reasons, findings, and procedures followed. There is no logical connection between the previous adverse rulings and any fear that the judge might not decide the case on its merits.

Court Disposition

Application for recusal dismissed

Orders

  • The respondents' application for recusal filed 6 June 2018 be dismissed.
  • Respondents/cross-claimants to file and serve written submissions for the interlocutory application to amend cross claim by 22 June 2018.