Sebie v Krejci (No 2) [2023] NSWCA 220

Sebie v Krejci (No 2) [2023] NSWCA 220

No grounds were disclosed for recusal, and a fair-minded lay observer would not reasonably apprehend bias; the recusal application should be refused.

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Application for Recusal / Court of Appeal Ruling on Recusal Request
Outcome
Recusal request declined
Legal Topics
['recusal' 'prejudgment' 'judicial Impartiality']

Case Brief

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Procedural Posture

Application for Recusal / Court of Appeal Ruling on Recusal Request

  1. 1 ['Whether there is a reasonable apprehension of bias such that Basten AJA should recuse himself from the proceedings']

Ratio Decidendi

No grounds were disclosed for recusal, and a fair-minded lay observer would not reasonably apprehend bias; the recusal application should be refused.

Court Disposition

Recusal request declined

Orders

  • ['The request for recusal is refused.']