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
Summary, issues, holding and outcome
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Procedural Posture
Application for Recusal / Court of Appeal Ruling on Recusal Request
Legal Issues
- 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.']
Full Case Text
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