United Petroleum Pty Ltd v Perth Airport Pty Ltd [2025] FCA 40

United Petroleum Pty Ltd v Perth Airport Pty Ltd [2025] FCA 40

Given the history and nature of the judge's personal and professional relationship with a key witness, there is a reasonable apprehension of bias, requiring the judge to recuse himself.

Parties
First Applicant: United Petroleum Pty Ltd; Second Applicant: United Petroleum Australia Pty Ltd; Respondent: Perth Airport Pty Ltd
Jurisdiction
Australia
Judgment Date
05 February 2025
Procedural Posture
Application for Recusal / Interlocutory
Outcome
The trial was vacated and referred to mediation. If unresolved, it will be listed before another judge.
Legal Topics
Recusal, Reasonable Apprehension of Bias
Practice and Procedure Recusal Reasonable Apprehension of Bias

Case Brief

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Parties

United Petroleum Pty Ltd

First Applicant

United Petroleum Australia Pty Ltd

Second Applicant

Perth Airport Pty Ltd

Respondent

Procedural Posture

Application for Recusal / Interlocutory

Legal Issues

  1. 1 Whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the hearing of the proceeding due to a personal and professional relationship with a witness.

Ratio Decidendi

Given the history and nature of the judge's personal and professional relationship with a key witness, there is a reasonable apprehension of bias, requiring the judge to recuse himself.

Court Disposition

The trial was vacated and referred to mediation. If unresolved, it will be listed before another judge.

Orders

  • The trial as presently constituted is vacated.
  • The proceeding is referred to mediation by Senior National Judicial Registrar Legge.