Storry v Business Licensing Authority [2022] FCA 1321

Storry v Business Licensing Authority [2022] FCA 1321

The applicant did not identify any matter that had a discernible logical connection with a feared deviation by Thomas J from deciding the Mutual Recognition Proceedings on their merits. The alleged connection with Collier J through a former associate, the prior bankruptcy proceedings, alleged errors in the bankruptcy appeal, hearing schedules, the Registrar's knowledge, and leasing matters involving Ms Collier did not establish substantial grounds for apprehended bias. Any application concerning the judgment in QUD103/2022 should be made in that proceeding.

Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Interlocutory Application for Recusal in an Appeal From an Administrative Appeals Tribunal Decision Concerning a Mutual Recognition Application / Determined on the Papers; Interlocutory Application Filed 2 August 2022 Dismissed
Outcome
Interlocutory application dismissed.
Legal Topics
['recusal' 'apprehended Bias' 'duty to Sit' 'appeal From Administrative Appeals Tribunal' "estate Agent's Licence"]
['practice and Procedure' 'administrative Law' 'mutual Recognition'] ['recusal' 'apprehended Bias' 'duty to Sit' 'appeal From Administrative Appeals Tribunal' "estate Agent's Licence"]

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Procedural Posture

Interlocutory Application for Recusal in an Appeal From an Administrative Appeals Tribunal Decision Concerning a Mutual Recognition Application / Determined on the Papers; Interlocutory Application Filed 2 August 2022 Dismissed

Legal Issues

  1. 1 ['Whether a fair-minded lay observer might reasonably apprehend that Thomas J might not bring an impartial mind to the hearing of the Mutual Recognition Proceedings.' 'Whether the matters raised by the applicant identified a logical connection between the alleged sources of bias and a feared deviation from deciding the proceeding on its merits.' 'Whether relief seeking to set aside the judgment in QUD103/2022 should be pursued in the present proceeding.']

Ratio Decidendi

The applicant did not identify any matter that had a discernible logical connection with a feared deviation by Thomas J from deciding the Mutual Recognition Proceedings on their merits. The alleged connection with Collier J through a former associate, the prior bankruptcy proceedings, alleged errors in the bankruptcy appeal, hearing schedules, the Registrar's knowledge, and leasing matters involving Ms Collier did not establish substantial grounds for apprehended bias. Any application concerning the judgment in QUD103/2022 should be made in that proceeding.

Court Disposition

Interlocutory application dismissed.

Orders

  • ['The interlocutory application filed 2 August 2022 is dismissed.']