Polsen v Harrison (No 5) [2021] NSWSC 244

Polsen v Harrison (No 5) [2021] NSWSC 244

The application for recusal was dismissed on the basis that it had not been demonstrated that the judge's tipstaff attending a directions hearing two years ago for the defendant established any reasonable apprehension that the judge might not impartially decide the substantive issues for determination; the alleged link was speculative and lacked evidentiary foundation, and the role of the tipstaff did not affect the objectivity required of the judge.

Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Medical Negligence / Interlocutory: Application for Recusal
Outcome
Application dismissed
Legal Topics
['apprehended Bias' 'recusal of Judge']
['practice and Procedure'] ['apprehended Bias' 'recusal of Judge']

Case Brief

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Procedural Posture

Medical Negligence / Interlocutory: Application for Recusal

Legal Issues

  1. 1 ["Whether the trial judge should recuse himself due to apprehended bias arising from the judge's tipstaff previously attending a directions hearing as solicitor for the defendant"]

Ratio Decidendi

The application for recusal was dismissed on the basis that it had not been demonstrated that the judge's tipstaff attending a directions hearing two years ago for the defendant established any reasonable apprehension that the judge might not impartially decide the substantive issues for determination; the alleged link was speculative and lacked evidentiary foundation, and the role of the tipstaff did not affect the objectivity required of the judge.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' "The plaintiff is to pay the defendant's costs of the application"]