Ogbonna v Cti Logistics Ltd

[2021] WASCA 22

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Courts and Judicial System
2. › Judges
3. › Disqualification
4. › Application for recusal
5. › Actual bias
6. › Whether inference of corruption and dishonesty open from judge's participation in other matters involving the same litigant
1. Courts and Judicial System
2. › Judges
3. › Disqualification
4. › Application for recusal
5. › Apprehended bias
6. › Whether fair-minded lay observer might reasonably apprehend bias from prior judicial involvement in unrelated matters
7. › Whether dismissal of recusal application itself gives rise to apprehended bias

Quick Take

A judge's participation in other unrelated matters involving the same litigant does not give rise to actual or apprehended bias. Unfounded allegations of bias made by a litigant in a recusal application, and the dismissal of that application, do not themselves provide a basis for apprehended bias.