STIASSNY & ORS V SIEMER HC AK CIV-2005-404-1808

STIASSNY & ORS V SIEMER HC AK CIV-2005-404-1808

The application for recusal was dismissed because the grounds advanced (including that the judge had not read the file, had not listened, prior dealings, and alleged predetermination) were, in context, insufficient to establish a reasonable apprehension of bias; contextual explanations and procedural posture justified the judge continuing to hear the matter.

Citation
openlaw-85b6e658_ab47_43f9_80d5_7fa47876dc56.pdf
Parties
Plaintiff/respondent: Michael Peter Stiassny and Korda Mentha (formerly Ferrier Hodgson); Defendant/applicant: Vincent Ross Siemer
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 February 2013
Procedural Posture
Application to Recuse Judge and Application to Recall Judgment / Hearing (oral Judgment on Recusal Application)
Outcome
Recusal application dismissed
Legal Topics
Recusal, Bias, Predetermination, Disqualification of Counsel, Recall of Judgment
Judicial Recusal Civil Procedure Judicial Review Professional Conduct Recusal Bias Predetermination Disqualification of Counsel +1 more

Case Brief

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Parties

Michael Peter Stiassny and Korda Mentha (formerly Ferrier Hodgson)

Plaintiff/respondent

Vincent Ross Siemer

Defendant/applicant

Procedural Posture

Application to Recuse Judge and Application to Recall Judgment / Hearing (oral Judgment on Recusal Application)

Legal Issues

  1. 1 Whether the judge should recuse on grounds he had not read the file
  2. 2 Whether the judge failed to listen to the applicant's submissions
  3. 3 Whether prior dealings by the judge with the applicant create a reasonable apprehension of bias

Ratio Decidendi

The application for recusal was dismissed because the grounds advanced (including that the judge had not read the file, had not listened, prior dealings, and alleged predetermination) were, in context, insufficient to establish a reasonable apprehension of bias; contextual explanations and procedural posture justified the judge continuing to hear the matter.

Court Disposition

Recusal application dismissed

Orders

  • Recusal application dismissed
  • Judge will hear applicant's submissions on the recall application