Radin v Commonwealth Bank of Australia [1999] FCA 418

Radin v Commonwealth Bank of Australia [1999] FCA 418

Mr Radin's arguments do not establish a reasonable apprehension of bias as there were no previous findings against his credit, and prior observation of a witness does not mandate judicial disqualification; the motion for recusal is dismissed.

Jurisdiction
Australia
Judgment Date
19 March 1999
Procedural Posture
Notice of Motion for Judge's Disqualification / Determination of Recusal Motion
Outcome
Motion dismissed
Legal Topics
['recusal of Judge' 'apprehended Bias']
['judicial Procedure'] ['recusal of Judge' 'apprehended Bias']

Case Brief

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Procedural Posture

Notice of Motion for Judge's Disqualification / Determination of Recusal Motion

Legal Issues

  1. 1 ["Whether there is a reasonable apprehension of bias requiring judge's disqualification"]

Ratio Decidendi

Mr Radin's arguments do not establish a reasonable apprehension of bias as there were no previous findings against his credit, and prior observation of a witness does not mandate judicial disqualification; the motion for recusal is dismissed.

Court Disposition

Motion dismissed

Orders

  • ['Mr Radin is to pay the costs of the Bank and Mr Brown in relation to the motion.']