Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 4) [2018] NSWSC 682

Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors (No 4) [2018] NSWSC 682

The plaintiff did not demonstrate that the judge should disqualify himself because counsel failed to articulate a logical connection between the judge's complained-of conduct and any feared deviation from deciding the case on its merits. The judge's raised voice was a brief expression of irritation for which he apologised at the first available opportunity, the refusal of the defendants' admissions application did not display partiality to the defendants, and the alleged heated exchange did not reasonably give rise to apprehended bias in the mind of a fair-minded lay observer.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Defamation / Application for Judge to Recuse Himself or Disqualify Himself During Trial
Outcome
Application refused; the judge was not satisfied that the plaintiff had demonstrated that he should disqualify himself from hearing the case.
Legal Topics
['apprehended Bias' 'judicial Recusal' 'fair Minded Lay Observer Test' 'amendment of Pleadings' 'admissions' 'admissibility of Evidence']
['defamation' 'civil Procedure'] ['apprehended Bias' 'judicial Recusal' 'fair Minded Lay Observer Test' 'amendment of Pleadings' 'admissions' 'admissibility of Evidence']

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Procedural Posture

Defamation / Application for Judge to Recuse Himself or Disqualify Himself During Trial

Legal Issues

  1. 1 ['Whether the trial judge should disqualify himself on the ground of apprehended bias arising from raising his voice to counsel, a comment about obtaining a translator, and an alleged heated exchange about admission of a document into evidence.' 'Whether the plaintiff identified a logical connection between the complained-of conduct and a feared departure from deciding the case on its merits.']

Ratio Decidendi

The plaintiff did not demonstrate that the judge should disqualify himself because counsel failed to articulate a logical connection between the judge's complained-of conduct and any feared deviation from deciding the case on its merits. The judge's raised voice was a brief expression of irritation for which he apologised at the first available opportunity, the refusal of the defendants' admissions application did not display partiality to the defendants, and the alleged heated exchange did not reasonably give rise to apprehended bias in the mind of a fair-minded lay observer.

Court Disposition

Application refused; the judge was not satisfied that the plaintiff had demonstrated that he should disqualify himself from hearing the case.

Orders

  • ["The plaintiff's application that Campbell J disqualify himself from hearing the matter was refused."]