Kremer v Schwartz [2003] NSWCA 86

Kremer v Schwartz [2003] NSWCA 86

No reasonable person, fully informed of the facts and fair minded, could fear that the judge might fail in his duty merely because he was angry with the solicitor about an unrelated company matter, particularly where neither the judge nor Mr Whitten was conscious at the relevant times of the connection between Mr Whitten and the case before the judge.

Jurisdiction
Australia
Judgment Date
08 April 2003
Procedural Posture
Appeal / Appeal From District Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['reasonable Apprehension of Bias' 'conduct of Trial Judge After Reservation of Judgment' 'appeal Against District Court Judgment']
['civil Procedure' 'judicial Bias'] ['reasonable Apprehension of Bias' 'conduct of Trial Judge After Reservation of Judgment' 'appeal Against District Court Judgment']

Case Brief

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Procedural Posture

Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 ["Whether there was a reasonable apprehension of bias arising from the trial judge's acrimonious dealings with the chairman of a company who was also the sole practitioner of the firm acting for the plaintiff, while judgment was reserved."]

Ratio Decidendi

No reasonable person, fully informed of the facts and fair minded, could fear that the judge might fail in his duty merely because he was angry with the solicitor about an unrelated company matter, particularly where neither the judge nor Mr Whitten was conscious at the relevant times of the connection between Mr Whitten and the case before the judge.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']