10 Nov 2015
KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
- Citation
- KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA183/2014
The application for recusal is dismissed: on the facts a fair-minded and informed observer would not apprehend a real possibility of bias. The asserted connection (judge’s brother and a plaintiff) was insubstantial or corrected, the applicant waived objections by delay and prior participation, interlocutory rulings and adverse comments were justified by the material and procedural context and do not show predetermination, and referral of alleged perjury was warranted by the evidence and admissions. Accordingly no recusal was required and costs are to follow.