Bezer v Bassan [2017] NSWCA 214

Bezer v Bassan [2017] NSWCA 214

Because the recusal application had been made and heard but not determined, and because the trial judge's continuation of evidence raised a real issue as to her authority to hear the proceedings and risked wasted expense and court time if apprehended bias were established, there was a powerful basis for staying the District Court proceedings pending determination of the leave application or delivery of the reserved recusal decision.

Jurisdiction
Australia
Judgment Date
28 August 2017
Procedural Posture
Application for Leave to Appeal and Urgent Application for a Stay in District Court Personal Injury Proceedings / Court of Appeal Application Concerning a District Court Judge's Decision to Continue Hearing Evidence After Reserving on a Recusal Application
Outcome
District Court proceedings stayed pending determination of the application for leave to appeal or delivery of the trial judge's reserved judgment on the recusal application; costs of the application to be costs in the appeal.
Legal Topics
['stay of Proceedings' 'leave to Appeal' 'apprehended Bias' 'recusal' 'waiver of Objection to Disqualification']
['civil Procedure' 'appeals' 'judicial Bias'] ['stay of Proceedings' 'leave to Appeal' 'apprehended Bias' 'recusal' 'waiver of Objection to Disqualification']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Urgent Application for a Stay in District Court Personal Injury Proceedings / Court of Appeal Application Concerning a District Court Judge's Decision to Continue Hearing Evidence After Reserving on a Recusal Application

Legal Issues

  1. 1 ['Whether District Court proceedings should be stayed pending determination of an application for leave to appeal against the decision to continue hearing evidence after the trial judge reserved her decision on a recusal application.' 'Whether continuing the part-heard proceedings before determination of the recusal application risked waiver of the objection or wasted expense and court time if apprehended bias were established.']

Ratio Decidendi

Because the recusal application had been made and heard but not determined, and because the trial judge's continuation of evidence raised a real issue as to her authority to hear the proceedings and risked wasted expense and court time if apprehended bias were established, there was a powerful basis for staying the District Court proceedings pending determination of the leave application or delivery of the reserved recusal decision.

Court Disposition

District Court proceedings stayed pending determination of the application for leave to appeal or delivery of the trial judge's reserved judgment on the recusal application; costs of the application to be costs in the appeal.

Orders

  • ["Proceedings in the District Court in the matter of Bezer v Bassan stayed pending the determination of the application for leave to appeal or the delivery of the trial judge's reserved judgment on an application to disqualify herself." 'Costs of the application to be costs in the appeal.']