Karadaghian v Big Beat (Australia) Pty Ltd (No 3) [2014] NSWSC 1691

Karadaghian v Big Beat (Australia) Pty Ltd (No 3) [2014] NSWSC 1691

There was no adverse credit finding, nor did the judge make any final conclusions as to the credibility of any witness in the prior interlocutory proceedings. The preference for some evidence over others was expressed as provisional and not determinative. A fair-minded lay observer, fully informed of the circumstances, would not reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of issues at trial. Thus, the test for apprehended bias is not satisfied and the application for disqualification is dismissed.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Interlocutory Application / Motion for Disqualification (apprehended Bias)
Outcome
Motion dismissed. Plaintiff's costs in the cause. Liberty to apply within 7 days on costs orders.
Legal Topics
['apprehended Bias' 'disqualification of Judge' 'interlocutory Proceedings']
['courts and Judges'] ['apprehended Bias' 'disqualification of Judge' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application / Motion for Disqualification (apprehended Bias)

Legal Issues

  1. 1 ['Whether the judge should disqualify himself on the basis of apprehended bias arising from interlocutory rulings and alleged credit findings.']

Ratio Decidendi

There was no adverse credit finding, nor did the judge make any final conclusions as to the credibility of any witness in the prior interlocutory proceedings. The preference for some evidence over others was expressed as provisional and not determinative. A fair-minded lay observer, fully informed of the circumstances, would not reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of issues at trial. Thus, the test for apprehended bias is not satisfied and the application for disqualification is dismissed.

Court Disposition

Motion dismissed. Plaintiff's costs in the cause. Liberty to apply within 7 days on costs orders.

Orders

  • ['Motion dismissed.' "Costs are the plaintiff's costs in the cause." 'Liberty to apply to any party to address on any special or different order as to costs within 7 days.']