RAJSKI v SCITEC COMMUNICATIONS SYSTEMS LTD [1988] NSWCA 125

RAJSKI v SCITEC COMMUNICATIONS SYSTEMS LTD [1988] NSWCA 125

Given the near identity of issues and past judicial involvement, and necessity not requiring participation, both Kirby P and Mahoney JA would withdraw to avoid any reasonable apprehension of bias or predetermination.

Parties
Claimant: Leszek Rajski; Respondent: Scitec Communications Systems Ltd
Jurisdiction
Australia
Judgment Date
06 April 1988
Procedural Posture
Summons for Leave to Appeal From Interlocutory Orders / Objection to Constitution of the Court; Referral for Relisting
Outcome
Summons referred to Registrar for relisting before a differently constituted Court. Costs of the day's proceedings to be costs in the summons.
Legal Topics
Reasonable Apprehension of Bias, Withdrawal of Judge
Judicial Bias Reasonable Apprehension of Bias Withdrawal of Judge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Leszek Rajski

Claimant

Scitec Communications Systems Ltd

Respondent

Procedural Posture

Summons for Leave to Appeal From Interlocutory Orders / Objection to Constitution of the Court; Referral for Relisting

Legal Issues

  1. 1 Whether a reasonable apprehension of bias arises where a judge previously participated in deciding nearly identical issues involving the same parties
  2. 2 Whether judges who participated in prior similar proceedings should withdraw from hearing the present matter

Ratio Decidendi

Given the near identity of issues and past judicial involvement, and necessity not requiring participation, both Kirby P and Mahoney JA would withdraw to avoid any reasonable apprehension of bias or predetermination.

Court Disposition

Summons referred to Registrar for relisting before a differently constituted Court. Costs of the day's proceedings to be costs in the summons.

Orders

  • Summons referred to Registrar to relist before a Court differently constituted.
  • Costs of all parties of the proceedings this day to be costs in the summons, including costs of persons who appeared in answer to a subpoena.