Jorgensen v Shorten [2016] NSWSC 1631

Jorgensen v Shorten [2016] NSWSC 1631

A fair minded observer would not apprehend bias merely because the judge previously appeared for ASIC or has a stepbrother currently employed by ASIC, given the passage of time and the professional nature of the relationship.

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Equity / Application for Recusal
Outcome
Application for recusal refused
Legal Topics
['recusal of Judge' 'apprehended Bias']
['judicial Procedure'] ['recusal of Judge' 'apprehended Bias']

Case Brief

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Procedural Posture

Equity / Application for Recusal

Legal Issues

  1. 1 ['Whether the judge should recuse himself for apprehended bias due to previous legal work for ASIC and the employment of a relative by ASIC']

Ratio Decidendi

A fair minded observer would not apprehend bias merely because the judge previously appeared for ASIC or has a stepbrother currently employed by ASIC, given the passage of time and the professional nature of the relationship.

Court Disposition

Application for recusal refused

Orders

  • ['The judge declines to recuse himself from hearing the applications.' 'Costs of today reserved.']