3 Apr 2014
鄧有強 v. 鄧才有
- Citation
- 鄧有強 v. 鄧才有
- Court
- Court of First Instance
- Case number
- HCA4/2011
Applying the Berg two-stage test the judge concluded both subjectively and objectively that he was disabled from fairly continuing because he had read without prejudice materials and a fairminded informed observer would perceive a real possibility of an unfair trial; accordingly the judge must recuse and the trial is to be refixed before a different judge. On costs, both parties and their solicitors were at fault: no order as to costs between the parties but the court will consider a wasted costs order against solicitors and directed solicitors to file written submissions within 7 days.