Shun Sheng Pty Ltd v Lei (No 4) [2024] NSWSC 635

Shun Sheng Pty Ltd v Lei (No 4) [2024] NSWSC 635

The trial judge’s remarks regarding the receiver’s powers were not statements of prejudgment or bias; objectively, they were reminders of procedural responsibilities. There was no apprehension of bias, and the recusal application must be dismissed.

Jurisdiction
Australia
Judgment Date
27 May 2024
Procedural Posture
Notice of Motion (recusal Application) in Equity Partnership Proceedings / Interlocutory; Application for Recusal of Trial Judge
Outcome
Recusal application dismissed; costs awarded to respondent.
Legal Topics
['recusal of Judge' 'apprehended Prejudgment' 'partnership Dissolution' 'receiver Powers' 'asset Recovery']
['civil Procedure' 'equity' 'partnerships'] ['recusal of Judge' 'apprehended Prejudgment' 'partnership Dissolution' 'receiver Powers' 'asset Recovery']

Case Brief

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Procedural Posture

Notice of Motion (recusal Application) in Equity Partnership Proceedings / Interlocutory; Application for Recusal of Trial Judge

Legal Issues

  1. 1 ['Whether the trial judge should recuse himself due to apprehended prejudgment in relation to the constructive trust claim involving partnership assets allegedly held by a third party']

Ratio Decidendi

The trial judge’s remarks regarding the receiver’s powers were not statements of prejudgment or bias; objectively, they were reminders of procedural responsibilities. There was no apprehension of bias, and the recusal application must be dismissed.

Court Disposition

Recusal application dismissed; costs awarded to respondent.

Orders

  • ['Order that the motion be dismissed.' "Order that the applicants pay the respondents' costs of the motion."]