Ninan v Valuer General (WA) [No 2]

[2016] WASCA 170

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Dismissal of appeal
4. › No reasonable prospect of success
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Bias
3. › Recusal
4. › Actual bias
5. › Whether mind of decision-maker incapable of alteration
6. › Whether expression of preliminary views constitutes pre-determination
1. Practice and Procedure
2. › Bias
3. › Recusal
4. › Apprehended bias
5. › Whether fair-minded lay observer might reasonably apprehend lack of impartiality

Quick Take

A court's expression of a preliminary view on the merits of an appeal, accompanied by a further opportunity for the party to be heard, does not constitute actual bias or give rise to a reasonable apprehension of bias. Unsupported allegations of fraud and conspiracy against the court do not establish grounds for recusal.