Perre v Apand Pty Ltd [2004] FCA 1116

Perre v Apand Pty Ltd [2004] FCA 1116

The judge found that a reasonable observer, with knowledge of the background and the content and intent of the communications from chambers, would not reasonably apprehend that he had prejudged the question of indemnity costs or lost impartiality. Therefore, there was no basis for disqualification on grounds of apprehended bias.

Jurisdiction
Australia
Judgment Date
19 August 2004
Procedural Posture
Civil / Interlocutory Application for Disqualification of Judge for Apprehended Bias
Outcome
application for disqualification dismissed
Legal Topics
['judicial Disqualification' 'apprehended Bias' 'indemnity Costs' 'procedure on Notice of Motion' "communication Between Judge's Chambers and Legal Representatives"]
['civil Procedure'] ['judicial Disqualification' 'apprehended Bias' 'indemnity Costs' 'procedure on Notice of Motion' "communication Between Judge's Chambers and Legal Representatives"]

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Disqualification of Judge for Apprehended Bias

Legal Issues

  1. 1 ["Whether the judge should disqualify himself for apprehended bias based on communications by his personal assistant to one party's solicitors about the risk of indemnity costs and the judge's comment that the parties were 'losing the plot'."]

Ratio Decidendi

The judge found that a reasonable observer, with knowledge of the background and the content and intent of the communications from chambers, would not reasonably apprehend that he had prejudged the question of indemnity costs or lost impartiality. Therefore, there was no basis for disqualification on grounds of apprehended bias.

Court Disposition

application for disqualification dismissed

Orders

  • ['The application made in the Notice of Motion dated 17 August 2004 seeking an order that I disqualify myself be dismissed.' 'The question of costs is reserved, noting that the interveners do not seek orders for costs at this stage, and the State of South Australia does seek an order for costs.' 'On the assumption...