Khoury v Sidhu [2010] FCA 556

Khoury v Sidhu [2010] FCA 556

Given the personal and family association between the judge and the proposed witness (whose credibility would be in issue), and guidance on avoiding reasonable apprehension of bias, it is inappropriate for the judge to hear the trial or the interlocutory application, and they are adjourned for hearing by another judge.

Jurisdiction
Australia
Judgment Date
01 June 2010
Procedural Posture
Civil Proceeding / At Commencement of Trial, Interlocutory Application for Leave to Call Additional Witness and Potential Recusal for Apprehended Bias
Outcome
Trial and interlocutory application adjourned for hearing before another judge. Costs of the day reserved.
Legal Topics
['apprehension of Bias' 'case Management' 'leave to Call Witness' 'misleading or Deceptive Conduct']
['judicial Conduct' 'practice and Procedure' 'consumer Law'] ['apprehension of Bias' 'case Management' 'leave to Call Witness' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil Proceeding / At Commencement of Trial, Interlocutory Application for Leave to Call Additional Witness and Potential Recusal for Apprehended Bias

Legal Issues

  1. 1 ['Whether the trial judge should disqualify himself for a reasonable apprehension of bias due to a personal association with a proposed witness (Mr Stephenson) whose credibility is in issue and who may be subject to a costs order as a non-party.' 'Whether leave should be granted to call an additional witness in light of prior case management directions.']

Ratio Decidendi

Given the personal and family association between the judge and the proposed witness (whose credibility would be in issue), and guidance on avoiding reasonable apprehension of bias, it is inappropriate for the judge to hear the trial or the interlocutory application, and they are adjourned for hearing by another judge.

Court Disposition

Trial and interlocutory application adjourned for hearing before another judge. Costs of the day reserved.

Orders

  • ['The hearing of the Notice of Motion filed by leave on 1 June 2010 is adjourned to a date to be fixed.' 'The trial is adjourned to a date to be fixed.' 'The registrar is to fix a date for hearing of the Notice of Motion and the trial after consultation with the parties.' 'Costs of today are reserved.']