Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2019] NSWCA 62

Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2019] NSWCA 62

None of the three matters relied upon could support a reasonable apprehension of bias: the comments about breach of trust or fraud concerned the third party security proposal and not the merits of the appeal; the costs order gave the respondents less than they had sought and did not demonstrate bias; and the further evidence application was listed before three judges in accordance with the appellant's counsel's objection or proposal.

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Civil Procedure Recusal Application in Appeal / Procedural Ruling on Application That Basten JA Recuse Himself From the Further Hearing of the Matter
Outcome
Application for recusal refused; Basten JA declined to recuse himself.
Legal Topics
['recusal' 'reasonable Apprehension of Bias' 'security for Costs' 'costs Payable Forthwith' 'further Evidence Application']
['civil Procedure'] ['recusal' 'reasonable Apprehension of Bias' 'security for Costs' 'costs Payable Forthwith' 'further Evidence Application']

Case Brief

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Procedural Posture

Civil Procedure Recusal Application in Appeal / Procedural Ruling on Application That Basten JA Recuse Himself From the Further Hearing of the Matter

Legal Issues

  1. 1 ['Whether statements made during argument about security for costs and possible breach of trust or fraud gave rise to a reasonable apprehension of bias.' 'Whether an order that the appellant pay costs of the security for costs proceedings forthwith gave rise to a reasonable apprehension of bias.' "Whether listing the appellant's further evidence application before three judges of the Court gave rise to a reasonable apprehension of bias."]

Ratio Decidendi

None of the three matters relied upon could support a reasonable apprehension of bias: the comments about breach of trust or fraud concerned the third party security proposal and not the merits of the appeal; the costs order gave the respondents less than they had sought and did not demonstrate bias; and the further evidence application was listed before three judges in accordance with the appellant's counsel's objection or proposal.

Court Disposition

Application for recusal refused; Basten JA declined to recuse himself.

Orders

  • ['Refuse the application for recusal.']