1. ) GLOBALMARINER OFFSHORE SERVICES SDN BHD 2. ) TH HEAVY ENGINEERING BERHAD 1. ) 1. TH HEAVY ENGINEERING BERHAD 2. FLOATECH (L) LTD (Original Action) 2. ) 1. GLOBALMARINER OFFSHORE SERVICES SDN BHD 2. ZAHAR MOHD HASHIM BIN ZAINUDDIN 3. AB

1. ) GLOBALMARINER OFFSHORE SERVICES SDN BHD 2. ) TH HEAVY ENGINEERING BERHAD 1. ) 1. TH HEAVY ENGINEERING BERHAD 2. FLOATECH (L) LTD (Original Action) 2. ) 1. GLOBALMARINER OFFSHORE SERVICES SDN BHD 2. ZAHAR MOHD HASHIM BIN ZAINUDDIN 3. AB

Application dismissed because applicant failed to show a real danger of bias: counsel in the partnership dispute is not a party and his professional role does not implicate the judge; any financial consequences affect clients not counsel; the prospect the judge may be a witness is speculative; therefore applicant did not discharge the burden to establish a real danger of bias.

Citation
22NCC-374-11/2016 (Mahkamah Tinggi)
Parties
Plaintiff (main Action); Defendant (counterclaim): Globalmariner Offshore Services Sdn Bhd; Defendant (main Action); Plaintiff (counterclaim): TH Heavy Engineering Berhad; Defendant (main Action): Floatech (L) Ltd; 4th Defendant (counterclaim); Applicant for Recusal: Nor Badli Munawir bin Mohamad Alias Latfi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 June 2021
Case Number
22NCC-374-11/2016 (Mahkamah Tinggi)
Procedural Posture
Commercial Division Recusal Application in Trial Proceedings / Application for Recusal Prior to Continuation of Trial
Outcome
Recusal application dismissed
Legal Topics
Recusal, Apprehension of Bias, Judge's Code of Ethics, Appearance of Impropriety, Burden of Proof
Source Language
Malay/English
Judicial Recusal Civil Procedure Commercial Litigation Judicial Ethics Recusal Apprehension of Bias Judge's Code of Ethics Appearance of Impropriety +1 more

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Parties

Globalmariner Offshore Services Sdn Bhd

Plaintiff (main Action); Defendant (counterclaim)

TH Heavy Engineering Berhad

Defendant (main Action); Plaintiff (counterclaim)

Floatech (L) Ltd

Defendant (main Action)

Nor Badli Munawir bin Mohamad Alias Latfi

4th Defendant (counterclaim); Applicant for Recusal

Procedural Posture

Commercial Division Recusal Application in Trial Proceedings / Application for Recusal Prior to Continuation of Trial

Legal Issues

  1. 1 Whether there is a real danger of bias requiring recusal of the judicial officer
  2. 2 Whether the judge's involvement in a partnership dispute involving the judge's former firm creates an appearance of bias when counsel in that dispute appears before the judge
  3. 3 Whether speculative or confidential allegations without factual particularity satisfy the applicant's burden to show a real danger of bias

Ratio Decidendi

Application dismissed because applicant failed to show a real danger of bias: counsel in the partnership dispute is not a party and his professional role does not implicate the judge; any financial consequences affect clients not counsel; the prospect the judge may be a witness is speculative; therefore applicant did not discharge the burden to establish a real danger of bias.

Court Disposition

Recusal application dismissed

Orders

  • Enclosure 358 dismissed