Monteiro v State of New South Wales (No 3) [2016] NSWSC 1517

Monteiro v State of New South Wales (No 3) [2016] NSWSC 1517

It was not open to conclude that a fair-minded observer with knowledge of the circumstances would reasonably apprehend the judge might not bring an impartial mind to the procedural matters at issue; the necessary logical connection between the argued basis for bias and deviation from deciding the matter on its merits was not established.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Recusal Application / Application Refused, Reasons Given
Outcome
Application for recusal refused
Legal Topics
['recusal of Judge' 'apprehended Bias']
['procedure'] ['recusal of Judge' 'apprehended Bias']

Case Brief

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Procedural Posture

Recusal Application / Application Refused, Reasons Given

Legal Issues

  1. 1 ['Whether the judge should recuse herself for apprehended bias due to previous involvement in proceedings related to the plaintiff']

Ratio Decidendi

It was not open to conclude that a fair-minded observer with knowledge of the circumstances would reasonably apprehend the judge might not bring an impartial mind to the procedural matters at issue; the necessary logical connection between the argued basis for bias and deviation from deciding the matter on its merits was not established.

Court Disposition

Application for recusal refused

Orders

  • ['Application for recusal refused' "Adjournment of the hearing of the Commissioner's motion granted for a short period to allow provision of Commissioner's submissions and affidavit to Mr Monteiro" 'Adjournment application otherwise refused']