Brooks, Jodi-Anne v The Upjohn Co & Ors [1998] FCA 126

Brooks, Jodi-Anne v The Upjohn Co & Ors [1998] FCA 126

The alleged association between the judge and his son does not amount to a relevant relationship with any party or legal representative involved in the case; no reasonable apprehension of bias exists under established principles.

Jurisdiction
Australia
Judgment Date
25 February 1998
Procedural Posture
Motion / Application for Judicial Disqualification (apprehended Bias)
Outcome
motion dismissed
Legal Topics
['judicial Bias' 'disqualification' 'impartiality']
['administrative Law'] ['judicial Bias' 'disqualification' 'impartiality']

Case Brief

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Procedural Posture

Motion / Application for Judicial Disqualification (apprehended Bias)

Legal Issues

  1. 1 ['Whether the judge should disqualify himself from hearing the action on grounds of apprehended bias']

Ratio Decidendi

The alleged association between the judge and his son does not amount to a relevant relationship with any party or legal representative involved in the case; no reasonable apprehension of bias exists under established principles.

Court Disposition

motion dismissed

Orders

  • ['The orders sought by the Fourth Respondent in their Notion of Motion filed on 24 February 1998 not be made.' 'The Fourth Respondent pay the costs of this motion.']