Ogawa v Stewart (No 2) [2023] FCA 661

Ogawa v Stewart (No 2) [2023] FCA 661

None of the matters relied upon by the applicant, considered individually or in combination, could give rise to a reasonable apprehension that Justice Rangiah might not bring an impartial mind to the proceedings, and no basis for recusal was established.

Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Interlocutory Application for Judicial Disqualification on the Ground of Apprehended Bias / Application for Recusal Heard Ex Tempore and Dismissed; Matter Adjourned for Case Management Hearing
Outcome
Application for disqualification dismissed.
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'recusal' 'case Management']
['practice and Procedure'] ['apprehended Bias' 'judicial Disqualification' 'recusal' 'case Management']

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Procedural Posture

Interlocutory Application for Judicial Disqualification on the Ground of Apprehended Bias / Application for Recusal Heard Ex Tempore and Dismissed; Matter Adjourned for Case Management Hearing

Legal Issues

  1. 1 ['Whether a fair minded lay observer might reasonably apprehend that Justice Rangiah might not bring an impartial mind to hearing QUD325/2022 and QUD391/2022.' 'Whether the circumstances relied on by the applicant, individually or in combination, established a basis for recusal.']

Ratio Decidendi

None of the matters relied upon by the applicant, considered individually or in combination, could give rise to a reasonable apprehension that Justice Rangiah might not bring an impartial mind to the proceedings, and no basis for recusal was established.

Court Disposition

Application for disqualification dismissed.

Orders

  • ['The applicant be granted leave to file her affidavit affirmed on 14 June 2023.' 'The application for an order that Justice Rangiah disqualify himself from hearing QUD325/2022 and QUD391/2022 be dismissed.' 'The matter be adjourned for a case management hearing on a date to be fixed.']