Gabriel v Grech (No 4) [2020] NSWSC 726

Gabriel v Grech (No 4) [2020] NSWSC 726

A fair-minded lay observer, properly informed of the circumstances, would not reasonably apprehend bias from the judge's directions and statements, which merely ensured all parties, including an unrepresented party, had knowledge and opportunity to participate. Therefore, there are no grounds for recusal.

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Procedural and Other Rulings / Application for Recusal of Judge Decided; Costs Reserved
Outcome
Application for recusal by Second Defendant refused; costs reserved.
Legal Topics
['judicial Disqualification' 'apprehended Bias' 'procedural Fairness']
['civil Procedure'] ['judicial Disqualification' 'apprehended Bias' 'procedural Fairness']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Application for Recusal of Judge Decided; Costs Reserved

Legal Issues

  1. 1 ['Whether statements and directions made by the judge would give rise to a reasonable apprehension of bias warranting recusal']

Ratio Decidendi

A fair-minded lay observer, properly informed of the circumstances, would not reasonably apprehend bias from the judge's directions and statements, which merely ensured all parties, including an unrepresented party, had knowledge and opportunity to participate. Therefore, there are no grounds for recusal.

Court Disposition

Application for recusal by Second Defendant refused; costs reserved.

Orders

  • ["Refuse the second defendant's application that I recuse myself from hearing the balance of the matter." 'Reserve the costs of the application.']