Ogbonna v Cti Logistics Ltd

[2021] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Recusal
3. › Apprehended bias
4. › Complaint made to head of jurisdiction about other panel members
5. › Whether receipt of complaint gives rise to reasonable apprehension of bias
1. Practice and Procedure
2. › Recusal
3. › Actual bias
4. › Prejudgment
5. › Judge previously sat on unrelated appeal involving same litigant
6. › Whether prior adverse decision demonstrates actual bias

Quick Take

A litigant's complaint to the head of jurisdiction about other members of a panel does not, without more, give rise to a reasonable apprehension of bias on the part of the head of jurisdiction. A judge's participation in a prior unrelated appeal involving the same litigant does not establish actual bias merely because the litigant disagrees with the outcome of the prior appeal.