Quach v New South Wales Civil and Administrative Tribunal [2020] NSWCA 214

Quach v New South Wales Civil and Administrative Tribunal [2020] NSWCA 214

A fair-minded lay person with knowledge of the circumstances would not reasonably apprehend that the members of the Court might not bring an impartial and unprejudiced mind to the issues, merely because of their participation in previous unsuccessful applications by Mr Quach; therefore, the application for recusal is declined.

Parties
Applicant: Michael Quach; First Respondent: NSW Civil and Administrative Tribunal; Second Respondent: NSW Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
09 September 2020
Procedural Posture
Application for Recusal / Determination of Application for Recusal
Outcome
Application for recusal declined.
Legal Topics
Apprehended Bias, Recusal of Judges
Judgments and Orders Apprehended Bias Recusal of Judges

Case Brief

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Parties

Michael Quach

Applicant

NSW Civil and Administrative Tribunal

First Respondent

NSW Health Care Complaints Commission

Second Respondent

Procedural Posture

Application for Recusal / Determination of Application for Recusal

Legal Issues

  1. 1 Whether the members of the Court should recuse themselves for apprehended bias based on their participation in prior applications by Mr Quach.

Ratio Decidendi

A fair-minded lay person with knowledge of the circumstances would not reasonably apprehend that the members of the Court might not bring an impartial and unprejudiced mind to the issues, merely because of their participation in previous unsuccessful applications by Mr Quach; therefore, the application for recusal is declined.

Court Disposition

Application for recusal declined.

Orders

  • Application for recusal dismissed.