Capilano Honey Ltd v Dowling [2018] NSWSC 876

Capilano Honey Ltd v Dowling [2018] NSWSC 876

There is no reasonable apprehension of bias merely because the judge previously acceded to a recusal request in other proceedings initiated on the defendant's demand. The objective, informed observer would not apprehend bias from the circumstances, and recusal is not required where doing so could risk the integrity of the Court by permitting a party to shape the tribunal through repeated demands.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Procedural Ruling / Application for Recusal of Judge (apprehended Bias)
Outcome
Application for recusal refused; judge declines to recuse herself.
Legal Topics
['apprehended Bias' 'recusal' 'abuse of Process']
['courts and Judges' 'procedural Law'] ['apprehended Bias' 'recusal' 'abuse of Process']

Case Brief

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Procedural Posture

Procedural Ruling / Application for Recusal of Judge (apprehended Bias)

Legal Issues

  1. 1 ['Whether the judge should recuse herself from hearing the proceedings due to apprehended bias']

Ratio Decidendi

There is no reasonable apprehension of bias merely because the judge previously acceded to a recusal request in other proceedings initiated on the defendant's demand. The objective, informed observer would not apprehend bias from the circumstances, and recusal is not required where doing so could risk the integrity of the Court by permitting a party to shape the tribunal through repeated demands.

Court Disposition

Application for recusal refused; judge declines to recuse herself.

Orders

  • ['I decline to recuse myself.']