Bezer v Bassan [2017] NSWCA 333

Bezer v Bassan [2017] NSWCA 333

A fair-minded lay observer would not reasonably apprehend that the primary judge might not bring an impartial mind to the resolution of the issues. The judge's interventions, while occasionally abrupt, were directed to clarifying the witness's role and evidence and ensuring relevancy, not showing bias. No complaint was raised at the time by counsel, and the alleged conduct did not go beyond the bounds of ordinary judicial management.

Parties
Applicant: Christopher Bezer; Respondent: Troy Bassan
Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Application for Leave to Appeal (bias/disqualification) / Leave to Appeal and Appeal on Interlocutory Ruling
Outcome
Appeal dismissed after granting leave.
Legal Topics
Bias, Apprehended Bias, Disqualification of Judge, Procedural Fairness
Administrative Law Civil Procedure Bias Apprehended Bias Disqualification of Judge Procedural Fairness

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Parties

Christopher Bezer

Applicant

Troy Bassan

Respondent

Procedural Posture

Application for Leave to Appeal (bias/disqualification) / Leave to Appeal and Appeal on Interlocutory Ruling

Legal Issues

  1. 1 Whether the primary judge erred in refusing to disqualify herself on grounds of apprehended bias
  2. 2 Whether there were grounds for apprehended bias justifying recusal
  3. 3 Whether denial of procedural fairness occurred during the proceedings

Ratio Decidendi

A fair-minded lay observer would not reasonably apprehend that the primary judge might not bring an impartial mind to the resolution of the issues. The judge's interventions, while occasionally abrupt, were directed to clarifying the witness's role and evidence and ensuring relevancy, not showing bias. No complaint was raised at the time by counsel, and the alleged conduct did not go beyond the bounds of ordinary judicial management.

Court Disposition

Appeal dismissed after granting leave.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.