Menzies v Paccar Financial Pty Ltd [2018] NSWCA 197

Menzies v Paccar Financial Pty Ltd [2018] NSWCA 197

No basis was established for recusal because the prior dismissal of an appeal involving the appellants did not establish apprehended bias, Sackville AJA could bring and be seen to bring an unprejudiced and unbiased mind to the application, and a litigant's threat to remove themselves from proceedings could not compel recusal.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Procedural Ruling / Court of Appeal Ex Tempore Judgment on Recusal Application
Outcome
Recusal declined.
Legal Topics
['judgments and Orders' 'recusal' 'apprehended Bias']
['civil Procedure'] ['judgments and Orders' 'recusal' 'apprehended Bias']

Case Brief

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Procedural Posture

Procedural Ruling / Court of Appeal Ex Tempore Judgment on Recusal Application

Legal Issues

  1. 1 ['Whether Sackville AJA should recuse himself from the matter for apprehended bias.']

Ratio Decidendi

No basis was established for recusal because the prior dismissal of an appeal involving the appellants did not establish apprehended bias, Sackville AJA could bring and be seen to bring an unprejudiced and unbiased mind to the application, and a litigant's threat to remove themselves from proceedings could not compel recusal.

Court Disposition

Recusal declined.

Orders

  • ['Sackville AJA declined to recuse himself.']