Oknalux Pty Ltd v Wilczynski [2022] FCA 1152

Oknalux Pty Ltd v Wilczynski [2022] FCA 1152

There is no evidence, far less cogent evidence, to support actual bias on the part of the judge, nor is there any basis to support a contention that a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the matter. The application for recusal is thus refused.

Jurisdiction
Australia
Judgment Date
29 September 2022
Procedural Posture
Interlocutory Application / Determination of Application for Judge's Recusal Due to Alleged Bias
Outcome
Application for recusal refused.
Legal Topics
['judicial Bias' 'recusal' 'impartiality of Judge']
['practice and Procedure'] ['judicial Bias' 'recusal' 'impartiality of Judge']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Determination of Application for Judge's Recusal Due to Alleged Bias

Legal Issues

  1. 1 ['Whether there is actual or apprehended bias sufficient to require the docket judge to recuse himself from the proceedings']

Ratio Decidendi

There is no evidence, far less cogent evidence, to support actual bias on the part of the judge, nor is there any basis to support a contention that a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the matter. The application for recusal is thus refused.

Court Disposition

Application for recusal refused.

Orders

  • ["The respondents' interlocutory application filed 29 April 2022 is dismissed."]