Kaldas v Barbour (No.2) [2016] NSWSC 1886

Kaldas v Barbour (No.2) [2016] NSWSC 1886

The plaintiff relied only on the judge's former professional relationship with the office of the Ombudsman. That relationship, without more, was not sufficient to found a reasonable apprehension of bias; it had ceased more than six years earlier, Operation Prospect commenced after the judge's appointment to the Court, and nothing done in the former relationship was said to be relevant to Operation Prospect. The plaintiff also failed to articulate a logical connection between the prior relationship and any feared departure from impartial decision-making. No reasonable apprehension of bias arose, and the recusal application was refused.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Application for Judge to Recuse Himself on the Basis of Apprehended Bias / Interlocutory Application
Outcome
No reasonable apprehension of bias arises; the application for recusal was refused.
Legal Topics
['apprehended Bias' 'judicial Recusal' 'previous Professional Relationship' 'fair Minded Lay Observer']
['courts and Judges' 'civil Procedure'] ['apprehended Bias' 'judicial Recusal' 'previous Professional Relationship' 'fair Minded Lay Observer']

Case Brief

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Procedural Posture

Application for Judge to Recuse Himself on the Basis of Apprehended Bias / Interlocutory Application

Legal Issues

  1. 1 ['Whether the judge should recuse himself because of a previous professional relationship with the office of the Ombudsman, including the former Ombudsman Bruce Barbour.' 'Whether a fair minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the proceedings.']

Ratio Decidendi

The plaintiff relied only on the judge's former professional relationship with the office of the Ombudsman. That relationship, without more, was not sufficient to found a reasonable apprehension of bias; it had ceased more than six years earlier, Operation Prospect commenced after the judge's appointment to the Court, and nothing done in the former relationship was said to be relevant to Operation Prospect. The plaintiff also failed to articulate a logical connection between the prior relationship and any feared departure from impartial decision-making. No reasonable apprehension of bias arose, and the recusal application was refused.

Court Disposition

No reasonable apprehension of bias arises; the application for recusal was refused.

Orders

  • ['The application that the judge recuse himself was refused.']