Kennett & Anor v Mayrana Pty Ltd and Others (No 2) [2006] NSWIRComm 264

Kennett & Anor v Mayrana Pty Ltd and Others (No 2) [2006] NSWIRComm 264

There is no reasonable apprehension of bias on the part of the judge arising solely from prior participation in appellate proceedings refusing leave to appeal, where the basis for refusal was the lack of public interest and no adverse finding was made as to the applicants' conduct; accordingly, disqualification is not warranted.

Jurisdiction
Australia
Judgment Date
16 August 2006
Procedural Posture
Notice of Motion for Disqualification Application / Interlocutory Application on Reasonable Apprehension of Bias
Outcome
Application for disqualification refused
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'interlocutory Applications' 'leave to Appeal']
['industrial Law' 'judicial Procedure'] ['apprehended Bias' 'disqualification of Judge' 'interlocutory Applications' 'leave to Appeal']

Case Brief

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Procedural Posture

Notice of Motion for Disqualification Application / Interlocutory Application on Reasonable Apprehension of Bias

Legal Issues

  1. 1 ["Whether a reasonable apprehension of bias exists by reason of the judge's prior participation in related appeal proceedings" 'Whether the judge should be disqualified from hearing further interlocutory or substantive applications']

Ratio Decidendi

There is no reasonable apprehension of bias on the part of the judge arising solely from prior participation in appellate proceedings refusing leave to appeal, where the basis for refusal was the lack of public interest and no adverse finding was made as to the applicants' conduct; accordingly, disqualification is not warranted.

Court Disposition

Application for disqualification refused

Orders

  • ['The orders sought by the applicants for disqualification are refused.']