Cennzeal Pty Ltd & Anor v Dawson Properties (Ventures) Pty Ltd & Ors [2017] NSWSC 956

Cennzeal Pty Ltd & Anor v Dawson Properties (Ventures) Pty Ltd & Ors [2017] NSWSC 956

The judge found that the complaints raised by the applicant were vague, lacked detail, and did not identify specific conduct or statements that would support a reasonable apprehension of bias. No factual basis or particulars were provided which could ground a finding of apparent bias, and no objection had been made at the relevant time. Therefore, the application for recusal was not sustained and must be dismissed.

Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Application for Judicial Disqualification / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
['apprehended Bias' 'judicial Recusal' 'security for Costs' 'case Management']
['equity' 'civil Procedure'] ['apprehended Bias' 'judicial Recusal' 'security for Costs' 'case Management']

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

Application for Judicial Disqualification / Interlocutory Application Ruling

Legal Issues

  1. 1 ['Whether the judge should disqualify himself for apprehended bias']

Ratio Decidendi

The judge found that the complaints raised by the applicant were vague, lacked detail, and did not identify specific conduct or statements that would support a reasonable apprehension of bias. No factual basis or particulars were provided which could ground a finding of apparent bias, and no objection had been made at the relevant time. Therefore, the application for recusal was not sustained and must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['Application for recusal or disqualification is dismissed.' 'All applications stand over for 14 days to allow the plaintiff to consider making an application to the Court of Appeal.']