A claim of apprehended bias based solely on the subject matter of litigation touching upon the court generally, without any suggestion of personal involvement by individual judges, does not satisfy the Ebner test and cannot ground a blanket disqualification of all judges of a court. A court cannot make a declaration pre-empting the possibility of an acting judge being appointed to hear proceedings. No judge has power to order the Chief Justice to take steps regarding the appointment of judges.
The full text is available to signed-in members, including the 1 later case that cites this judgment.