British American Tobacco Australia Ltd v Peter Gordon & Anor [2007] NSWSC 109

British American Tobacco Australia Ltd v Peter Gordon & Anor [2007] NSWSC 109

A reasonable lay observer might apprehend a risk of lack of impartiality if the judge were to hear and determine proceedings requiring findings as to the 'iniquity' issue due to his past (even relatively brief) professional association advocating for privilege and confidentiality for BATAS in related proceedings....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Civil / Interlocutory Ruling on Disqualification and Orders Allegedly Affected by Apprehended Bias
Outcome
Indication that judge would not sit on hearing in which there might be issue as to alleged iniquity. Decline to disqualify from hearing of transfer application. Held that not disqualified by apprehended bias from hearing and determining interlocutory proceedings on 29 November 2006, and further that orders made on...
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'privilege' 'injunction' 'non Disclosure']
['courts and Judges' 'civil Procedure'] ['apprehended Bias' 'disqualification of Judge' 'privilege' 'injunction' 'non Disclosure']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Interlocutory Ruling on Disqualification and Orders Allegedly Affected by Apprehended Bias

Legal Issues

  1. 1 ['Whether the judge should disqualify himself from further hearing the proceedings for apprehended bias due to former involvement as counsel for a party' 'Whether the interlocutory orders made on 29 November 2006 should be discharged for non-disclosure' 'Whether the interlocutory orders should be discharged because of potential apprehended bias']

Ratio Decidendi

A reasonable lay observer might apprehend a risk of lack of impartiality if the judge were to hear and determine proceedings requiring findings as to the 'iniquity' issue due to his past (even relatively brief) professional association advocating for privilege and confidentiality for BATAS in related proceedings. However, no such apprehension arises in relation to procedural or transfer applications, nor did it arise in relation to the interlocutory orders made on 29 November 2006, as the issues there did not require determination of iniquity or rely on matters affected by the judge's prior involvement. The judge was not disqualified from hearing or determining the interlocutory...

Court Disposition

Indication that judge would not sit on hearing in which there might be issue as to alleged iniquity. Decline to disqualify from hearing of transfer application. Held that not disqualified by apprehended bias from hearing and determining interlocutory proceedings on 29 November 2006, and further that orders made on...

Orders

  • ['Indicate that judge would not sit on proceedings where iniquity issue arises.' 'Decline disqualification from hearing the transfer application set down for 26 February 2007.' 'Hold that judge was not disqualified by apprehended bias from determining interlocutory proceedings on 29 November 2006.' 'Hold that orders...