Harper v Wallaby Grip Ltd & Ors [2001] NSWDDT 23

Harper v Wallaby Grip Ltd & Ors [2001] NSWDDT 23

Nothing put before the Acting Judge showed any ground of apprehended bias; the fact that he had appeared on all sides of the record in the jurisdiction, and the appointment of specialists to hear urgent cases, did not require disqualification. The application was declined.

Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Dust Diseases Tribunal Proceedings / Ex Tempore Ruling on Application by the First and Second Defendants for Disqualification for Apprehended Bias
Outcome
Application to disqualify the Acting Judge for apprehended bias declined.
Legal Topics
['apprehended Bias' 'judicial Disqualification' 'acting Judges']
['civil Procedure'] ['apprehended Bias' 'judicial Disqualification' 'acting Judges']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Proceedings / Ex Tempore Ruling on Application by the First and Second Defendants for Disqualification for Apprehended Bias

Legal Issues

  1. 1 ['Whether the Acting Judge should disqualify himself for apprehended bias on the application of the first and second defendants']

Ratio Decidendi

Nothing put before the Acting Judge showed any ground of apprehended bias; the fact that he had appeared on all sides of the record in the jurisdiction, and the appointment of specialists to hear urgent cases, did not require disqualification. The application was declined.

Court Disposition

Application to disqualify the Acting Judge for apprehended bias declined.

Orders

  • ['A transcript of the ruling be taken out.']