John Fairfax Publications Pty Ltd v Maurice Kriss

[2007] NSWCA 79

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Disqualification of judge
3. › Apparent bias
4. › Comments made during opening address and evidence in chief
5. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind to resolution of issues
6. › Whether comments evidenced pre-judgment on issues in the case
1. Courts and Judges
2. › Disqualification of judge
3. › Apparent bias
4. › Waiver
5. › Whether delay in making application until next morning constituted waiver or election
6. › Whether counsel entitled to wait for transcript and obtain express instructions

Quick Take

Judicial comments during opening addresses and early evidence that express strong views on the merits of a party's case or the character of a party's conduct may give rise to apparent bias, even where the judge may not be actually biased. Counsel who wish to object to apparent bias are entitled to wait until the next morning to obtain the transcript and express instructions without being taken to have waived the objection.