Dragan Markisic & Anor v United States of America & Anor [2006] NSWSC 973

Dragan Markisic & Anor v United States of America & Anor [2006] NSWSC 973

The application was refused because the plaintiffs did not satisfactorily identify anything in Latham J's former role as Crown Prosecutor or representative of the Attorney General of New South Wales, in her judicial office, or in Registrar Howe's conduct that might lead her to decide the case other than on its merits, and there was no logical connection between those matters and any feared deviation from deciding the case on its merits.

Jurisdiction
Australia
Judgment Date
18 September 2006
Procedural Posture
Interlocutory Proceedings / Application by Plaintiffs for Disqualification on Grounds of Apprehended Bias
Outcome
Application is refused
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'interlocutory Application']
['civil Procedure'] ['apprehended Bias' 'judicial Disqualification' 'interlocutory Application']

Case Brief

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Procedural Posture

Interlocutory Proceedings / Application by Plaintiffs for Disqualification on Grounds of Apprehended Bias

Legal Issues

  1. 1 ["Whether Latham J should disqualify herself on the ground of apprehended bias arising from her office as a judge of the Court, the plaintiffs' treatment by Registrar Howe, and her former appearances as Crown Prosecutor, Crown Advocate and counsel instructed by the State of New South Wales and the Director of Public Prosecutions."]

Ratio Decidendi

The application was refused because the plaintiffs did not satisfactorily identify anything in Latham J's former role as Crown Prosecutor or representative of the Attorney General of New South Wales, in her judicial office, or in Registrar Howe's conduct that might lead her to decide the case other than on its merits, and there was no logical connection between those matters and any feared deviation from deciding the case on its merits.

Court Disposition

Application is refused

Orders

  • ['The application is refused.']