Findings of fact made by a trial judge on a contested Mareva injunction application, where those findings overlap with issues to be determined at trial and reflect on the credit of parties, will give rise to a reasonable apprehension of bias precluding the judge from conducting the trial. This is so notwithstanding that the findings are expressed to be for the limited purpose of the interlocutory application. However, qualified findings on an ex parte Mareva application, expressed as being 'on their face', will not of themselves give rise to apprehended bias. A formal order dismissing an application for disqualification is appealable, distinguishing cases where no formal order was made.
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