Quach v New South Wales Civil and Administrative Tribunal [2022] NSWCA 176

Quach v New South Wales Civil and Administrative Tribunal [2022] NSWCA 176

A fair-minded lay person would not apprehend that the judge might not bring an impartial and unprejudiced mind to the present application merely because of prior involvement in dismissing previous applications raising substantially similar arguments.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Application to Set Aside Vexatious Proceedings Order and for Recusal / Motion for Recusal Decision
Outcome
Application for recusal declined
Legal Topics
['apprehended Bias' 'recusal of Judge' 'vexatious Proceedings']
['judicial Procedure'] ['apprehended Bias' 'recusal of Judge' 'vexatious Proceedings']

Case Brief

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Procedural Posture

Application to Set Aside Vexatious Proceedings Order and for Recusal / Motion for Recusal Decision

Legal Issues

  1. 1 ["Whether the judge should recuse himself for apprehended bias due to previous participation in the applicant's cases" 'Whether previous adverse decisions raise apprehension of bias']

Ratio Decidendi

A fair-minded lay person would not apprehend that the judge might not bring an impartial and unprejudiced mind to the present application merely because of prior involvement in dismissing previous applications raising substantially similar arguments.

Court Disposition

Application for recusal declined

Orders

  • ['Recusal application dismissed']