Day v Humphrey

[2017] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Stay of proceedings pending appeal
3. › General principles as to grant or refusal
4. › Whether good arguable case on appeal
5. › Whether disadvantage if stay not granted
6. › Whether disadvantage to respondent if stay granted
1. Practice and Procedure
2. › Apprehended bias
3. › Application for judge to disqualify from part-heard proceedings
4. › Whether judicial intervention excessive
5. › Whether self-represented litigant denied procedural fairness
6. › Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
1. Practice and Procedure
2. › Self-represented litigants
3. › Whether self-represented litigant entitled to special procedural accommodations
4. › Whether gender, disability or non-English speaking background relevant to conduct of hearing

Quick Take

Robust judicial questioning of a self-represented litigant's submissions, including pressing for focused answers and insisting on oral submissions in interlocutory hearings, does not constitute apprehended bias or denial of procedural fairness. A litigant's gender, disability, or non-English speaking background does not, without more, entitle them to special procedural accommodations or support a claim of apprehended bias.