Kowalski v Superannuation Complaints Tribunal [2010] FCA 104

Kowalski v Superannuation Complaints Tribunal [2010] FCA 104

No credible basis was established for apprehended bias by Besanko J in the principal proceeding; no overlap with prior decisions or evidence of partiality; application for leave to appeal did not identify any reasonably arguable proposition warranting reconsideration; leave refused.

Parties
Applicant: Kazimir Kowalski; First Respondent: Superannuation Complaints Tribunal; Second Respondent: AMP Superannuation Ltd ABN 31 008 414 04
Jurisdiction
Australia
Judgment Date
19 February 2010
Procedural Posture
Application for Leave to Appeal / Interlocutory Application
Outcome
Application for leave to appeal refused
Legal Topics
Judicial Disqualification, Apprehended Bias, Leave to Appeal, Jurisdiction of Superannuation Complaints Tribunal
Administrative Law Judicial Disqualification Apprehended Bias Leave to Appeal Jurisdiction of Superannuation Complaints Tribunal

Case Brief

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Parties

Kazimir Kowalski

Applicant

Superannuation Complaints Tribunal

First Respondent

AMP Superannuation Ltd ABN 31 008 414 04

Second Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether leave to appeal should be granted from the decision refusing judicial disqualification
  2. 2 Whether a reasonable apprehension of bias was demonstrated

Ratio Decidendi

No credible basis was established for apprehended bias by Besanko J in the principal proceeding; no overlap with prior decisions or evidence of partiality; application for leave to appeal did not identify any reasonably arguable proposition warranting reconsideration; leave refused.

Court Disposition

Application for leave to appeal refused

Orders

  • The application for leave to appeal from the order of Besanko J made on 9 December 2009 dismissing the notice of motion of the applicant of 4 November 2009 be refused.