Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 3) [2023] FCA 1027

Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 3) [2023] FCA 1027

No logical connection was articulated between the judge’s previous orders or findings and any feared deviation from impartiality; thus, there is no reasonable apprehension of bias and no basis for recusal.

Parties
First Appellant: Larisa Ivanovna Yushkova; Second Appellant: Jeremy David Allen King; Respondents: Paul John Cook and Adam Lee Johnston (Joint Trustees of the bankrupt estate of Jerome King)
Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Appeal / Recusal Application Prior to Hearing of Appeal
Outcome
Application for recusal dismissed.
Legal Topics
Recusal of Judge, Apprehended Bias, Impartiality of Judiciary
Practice and Procedure Bankruptcy and Insolvency Recusal of Judge Apprehended Bias Impartiality of Judiciary

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Parties

Larisa Ivanovna Yushkova

First Appellant

Jeremy David Allen King

Second Appellant

Paul John Cook and Adam Lee Johnston (Joint Trustees of the bankrupt estate of Jerome King)

Respondents

Procedural Posture

Appeal / Recusal Application Prior to Hearing of Appeal

Legal Issues

  1. 1 Whether the judge should recuse himself from hearing the matter due to apprehended bias arising from prior orders and findings.

Ratio Decidendi

No logical connection was articulated between the judge’s previous orders or findings and any feared deviation from impartiality; thus, there is no reasonable apprehension of bias and no basis for recusal.

Court Disposition

Application for recusal dismissed.

Orders

  • Ms Larisa Yushkova's application for recusal be dismissed.