BHAGAT v PETER YOUNG & 12 ORS [2002] NSWSC 321

No reasonable observer could think that hearing Mr Justice Young's application first gave rise to bias; therefore, the application for disqualification is refused.

Jurisdiction: Australia
Judgment Date: 26 March 2002
Procedural Posture: Application for Judicial Disqualification / Interlocutory Application
Outcome: Application for disqualification refused
Legal Topics: ['judicial Disqualification' 'apprehended Bias' 'actual Bias' 'order of Hearing Applications']

['civil Procedure'] ['judicial Disqualification' 'apprehended Bias' 'actual Bias' 'order of Hearing Applications']

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Procedural Posture

Application for Judicial Disqualification / Interlocutory Application

Legal Issues

1 ['Whether the presiding judge should disqualify himself for apprehended or actual bias when hearing an application involving a fellow judge as a defendant' 'Whether the order in which applications are heard gives rise to a perception of bias']

Ratio Decidendi

No reasonable observer could think that hearing Mr Justice Young's application first gave rise to bias; therefore, the application for disqualification is refused.

Court Disposition

Application for disqualification refused

Orders

['The application that Adams J disqualify himself is rejected.']