Scott v Nimlaw Pty Ltd (No 1) [2024] FCA 1123

Scott v Nimlaw Pty Ltd (No 1) [2024] FCA 1123

None of the matters raised by the applicant, including alleged judicial or extra-judicial conduct, provided a logical connection or reasonable basis upon which a fair-minded lay observer might apprehend the judge would not decide the case impartially on its merits. The application lacked detail and foundation.

Parties
Appellant: Susan Jane Scott; Respondent: Nimlaw Pty Ltd
Jurisdiction
Australia
Judgment Date
18 September 2024
Procedural Posture
Appeal / Interlocutory Application for Recusal on Basis of Apprehended Bias
Outcome
Recusal application dismissed
Legal Topics
Recusal Application, Reasonable Apprehension of Bias, Bankruptcy, Sequestration Order
Practice and Procedure Recusal Application Reasonable Apprehension of Bias Bankruptcy Sequestration Order

Case Brief

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Parties

Susan Jane Scott

Appellant

Nimlaw Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application for Recusal on Basis of Apprehended Bias

Legal Issues

  1. 1 Whether the judge should recuse himself for reasonable apprehension of bias
  2. 2 Whether the judge's prior involvement in related litigation gives rise to a reasonable apprehension of bias

Ratio Decidendi

None of the matters raised by the applicant, including alleged judicial or extra-judicial conduct, provided a logical connection or reasonable basis upon which a fair-minded lay observer might apprehend the judge would not decide the case impartially on its merits. The application lacked detail and foundation.

Court Disposition

Recusal application dismissed

Orders

  • By on or before 23 October 2024, the appellant is to file and serve any written submissions in which she intends to rely, limited to 10 pages including any annexures, in 12 point font and 1.5 line spacing.
  • By on or before 6 November 2024, the respondent is to file and serve any written submissions in which it intends to rely, limited to 10 pages including any annexures, in 12 point font and 1.5 line spacing.