Hunter Quarries Pty Ltd v Morrison (No 3) [2014] NSWIC 1

Hunter Quarries Pty Ltd v Morrison (No 3) [2014] NSWIC 1

The Full Bench's statements and findings in prior interlocutory proceedings did not reveal or constitute fixed views on ultimate issues in the appeals; the context of the interlocutory application and evidence led did not establish a logical connection between the alleged conduct and a reasonable apprehension that the Full Bench would not adjudicate the appeals impartially; the recusal applications were refused.

Jurisdiction
Australia
Judgment Date
22 October 2014
Procedural Posture
Interlocutory Application / Recusal Application
Outcome
Recusal applications refused
Legal Topics
['reasonable Apprehension of Bias' 'prejudgment' 'judicial Recusal' 'leave to Issue Summonses' 'prosecutorial Disclosure' 'admissibility of Expert Evidence']
['practice and Procedure'] ['reasonable Apprehension of Bias' 'prejudgment' 'judicial Recusal' 'leave to Issue Summonses' 'prosecutorial Disclosure' 'admissibility of Expert Evidence']

Case Brief

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Procedural Posture

Interlocutory Application / Recusal Application

Legal Issues

  1. 1 ['Whether statements made by the Full Bench in previous interlocutory proceedings give rise to a reasonable apprehension of bias for prejudgment' 'Whether any member of the Full Bench has formed a fixed view about issues to be determined in the appeals' 'Whether the conduct in connection with interlocutory applications establishes a logical connection to prejudgment of appeal issues']

Ratio Decidendi

The Full Bench's statements and findings in prior interlocutory proceedings did not reveal or constitute fixed views on ultimate issues in the appeals; the context of the interlocutory application and evidence led did not establish a logical connection between the alleged conduct and a reasonable apprehension that the Full Bench would not adjudicate the appeals impartially; the recusal applications were refused.

Court Disposition

Recusal applications refused

Orders

  • ["The appellants' recusal applications are refused." 'Costs are reserved.']