Re F [2013] NSWCA 239

Re F [2013] NSWCA 239

No evidentiary or legal basis was established for a claim of apprehended or actual bias on the part of the primary judge; the judge was entitled to reject submissions that were unsupported or irrelevant and provided the applicant full procedural fairness. Consequently, there were no prospects of the appeal succeeding and leave was refused.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Interlocutory Applications / Summons for Leave to Appeal
Outcome
Summons for leave to appeal dismissed, with no order as to costs.
Legal Topics
['apprehended Bias' 'guardianship Orders' 'procedural Fairness']
['courts and Judges'] ['apprehended Bias' 'guardianship Orders' 'procedural Fairness']

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Procedural Posture

Interlocutory Applications / Summons for Leave to Appeal

Legal Issues

  1. 1 ['Whether there was apprehended or actual bias by the primary judge' 'Whether applicant was denied procedural fairness in Supreme Court proceedings regarding the guardianship order']

Ratio Decidendi

No evidentiary or legal basis was established for a claim of apprehended or actual bias on the part of the primary judge; the judge was entitled to reject submissions that were unsupported or irrelevant and provided the applicant full procedural fairness. Consequently, there were no prospects of the appeal succeeding and leave was refused.

Court Disposition

Summons for leave to appeal dismissed, with no order as to costs.

Orders

  • ['Summons for leave to appeal dismissed' 'No order as to costs']