Permanent Custodians Ltd v Geagea [2013] NSWSC 693

Permanent Custodians Ltd v Geagea [2013] NSWSC 693

A prior professional association, limited to necessary dealings as chairs of different boards over 13 years before, does not form a reasonable basis for apprehended bias; a fair-minded lay observer, properly informed, would not reasonably apprehend that the judge could not bring an impartial mind to determining the matter involving Mr Symonds.

Jurisdiction
Australia
Judgment Date
03 June 2013
Procedural Posture
Interlocutory Application / Application for Disqualification of Judge on Ground of Apprehended Bias
Outcome
Application for disqualification on ground of apprehended bias refused
Legal Topics
['bias' 'disqualification' 'apprehended Bias']
['courts and Judges'] ['bias' 'disqualification' 'apprehended Bias']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Disqualification of Judge on Ground of Apprehended Bias

Legal Issues

  1. 1 ['Whether prior professional relationship between judge and a party disqualifies judge from hearing the matter for apprehended bias.']

Ratio Decidendi

A prior professional association, limited to necessary dealings as chairs of different boards over 13 years before, does not form a reasonable basis for apprehended bias; a fair-minded lay observer, properly informed, would not reasonably apprehend that the judge could not bring an impartial mind to determining the matter involving Mr Symonds.

Court Disposition

Application for disqualification on ground of apprehended bias refused

Orders

  • ['Question of apprehended bias answered in the negative.']