Dunstan v Orr [2022] FCA 1589

The decision of the primary judge to refuse recusal was not attended by any error or sufficient doubt; no apprehended or actual bias was shown and no denial of procedural fairness was established; accordingly, grounds for leave to appeal were not made out and the application for leave to appeal must be dismissed.

Jurisdiction: Australia
Judgment Date: 16 September 2022
Procedural Posture: Application for Leave to Appeal / Determination of Application for Leave to Appeal on the Papers
Outcome: Application for leave to appeal dismissed with costs
Legal Topics: ['recusal of Judge' 'apprehended Bias' 'actual Bias' 'leave to Appeal' 'procedural Fairness' 'case Management']

['practice and Procedure'] ['recusal of Judge' 'apprehended Bias' 'actual Bias' 'leave to Appeal' 'procedural Fairness' 'case Management']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal on the Papers

Legal Issues

1 ['Whether the primary judge erred in refusing to recuse himself on grounds of apprehended or actual bias' 'Whether there was denial of natural justice in the conduct of proceedings and costs orders' 'Whether leave to appeal should be granted']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs

Orders

['The application for leave to appeal from the judgment of Justice Wigney given on 29 August 2022, filed on 5 September 2022, be dismissed.' "The applicant pay the respondent's costs of the application for leave to appeal."]