711 Hogben Pty Ltd v Tadros; Tadros v 711 Hogben Pty Ltd [2016] NSWSC 1238

711 Hogben Pty Ltd v Tadros; Tadros v 711 Hogben Pty Ltd [2016] NSWSC 1238

Although the judge did not intend to prejudge the issue of 'manifest error' beyond the context of 'landlord's works', he accepted that to avoid any suggestion of predisposition, the matter should be referred to another judge for hearing.

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Equity Commercial List / Procedural Ruling on Recusal Application
Outcome
Matter referred to list judge for allocation of a hearing date; judge recused himself from hearing the balance of the proceedings.
Legal Topics
['apprehension of Bias' 'judicial Recusal' 'expert Determination' 'manifest Error']
['practice and Procedure'] ['apprehension of Bias' 'judicial Recusal' 'expert Determination' 'manifest Error']

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Procedural Posture

Equity Commercial List / Procedural Ruling on Recusal Application

Legal Issues

  1. 1 ['Whether the judge should recuse himself from hearing the balance of the proceedings due to alleged apprehension of bias']

Ratio Decidendi

Although the judge did not intend to prejudge the issue of 'manifest error' beyond the context of 'landlord's works', he accepted that to avoid any suggestion of predisposition, the matter should be referred to another judge for hearing.

Court Disposition

Matter referred to list judge for allocation of a hearing date; judge recused himself from hearing the balance of the proceedings.

Orders

  • ['Matter referred to the list judge for allocation of a hearing date to be conducted by a different judge.']