Mohareb v Manly Local Court (No 2) [2024] NSWCA 234

Mohareb v Manly Local Court (No 2) [2024] NSWCA 234

Prior adverse decisions involving the applicant and procedural comments by the judge did not create a reasonable apprehension of bias in the mind of a fair-minded lay observer; recusal application refused.

Parties
Applicant: Nader Mohareb; First Respondent: Manly Local Court; Second Respondent: Constable Aden Murphy
Jurisdiction
Australia
Judgment Date
23 September 2024
Procedural Posture
Recusal Application / Motion Hearing
Outcome
Recusal application refused
Legal Topics
Apprehended Bias, Recusal of Judge, Procedural Fairness
Civil Procedure Apprehended Bias Recusal of Judge Procedural Fairness

Case Brief

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Parties

Nader Mohareb

Applicant

Manly Local Court

First Respondent

Constable Aden Murphy

Second Respondent

Procedural Posture

Recusal Application / Motion Hearing

Legal Issues

  1. 1 Whether previous adverse decisions can ground apprehended bias
  2. 2 Whether comments by judge at commencement of hearing gave rise to reasonable apprehension of bias

Ratio Decidendi

Prior adverse decisions involving the applicant and procedural comments by the judge did not create a reasonable apprehension of bias in the mind of a fair-minded lay observer; recusal application refused.

Court Disposition

Recusal application refused

Orders

  • The recusal application is refused.