Abraham as Tutor for Abraham v St Marks Orthodox Coptic College (No 4) [2008] NSWSC 1031

Abraham as Tutor for Abraham v St Marks Orthodox Coptic College (No 4) [2008] NSWSC 1031

The prior positive credit finding about Mr Abraham was made impartially on the evidence in the liability phase and did not give rise to a reasonable apprehension that further evidence from him in the damages assessment would not be judged impartially. His damages evidence was unlikely to be central or determinative, and any challenge was likely to concern objectivity and reliability of opinion or perception rather than truthfulness about provable facts.

Jurisdiction
Australia
Judgment Date
02 October 2008
Procedural Posture
Common Law Application for Disqualification on the Basis of Apprehended Bias / After Liability Judgment and Before Assessment of Damages
Outcome
The application for disqualification is rejected.
Legal Topics
['bias' 'disqualification' 'apprehended Bias' 'recusal' 'credit Findings']
['courts and Judges' 'civil Procedure'] ['bias' 'disqualification' 'apprehended Bias' 'recusal' 'credit Findings']

Case Brief

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Procedural Posture

Common Law Application for Disqualification on the Basis of Apprehended Bias / After Liability Judgment and Before Assessment of Damages

Legal Issues

  1. 1 ['Whether the judge should disqualify himself from the assessment of damages because of apprehended bias arising from a positive finding of credit about Mr Abraham in the liability judgment.' "Whether a fair-minded observer, properly informed, might reasonably apprehend that the judge would not bring an impartial mind to any future issue involving Mr Abraham's credit."]

Ratio Decidendi

The prior positive credit finding about Mr Abraham was made impartially on the evidence in the liability phase and did not give rise to a reasonable apprehension that further evidence from him in the damages assessment would not be judged impartially. His damages evidence was unlikely to be central or determinative, and any challenge was likely to concern objectivity and reliability of opinion or perception rather than truthfulness about provable facts.

Court Disposition

The application for disqualification is rejected.

Orders

  • ['The application for disqualification is rejected.']