Ogbonna v Cti Logistics Ltd

[2021] WASCA 24

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Recusal
3. › Actual bias
4. › Whether actual bias may be inferred from prior adverse decisions against a party
5. › Self-represented litigant
1. Practice and Procedure
2. › Recusal
3. › Apprehended bias
4. › Fair-minded lay observer test
5. › Whether prior adverse decisions in related and unrelated proceedings give rise to reasonable apprehension of bias
6. › Whether making allegations of impropriety against a judge creates reasonable apprehension of bias

Quick Take

Prior adverse decisions against a party, whether in the same or unrelated proceedings, do not without more establish actual bias or give rise to a reasonable apprehension of bias. The mere making of allegations of impropriety against a judge does not itself create a reasonable apprehension of bias, as this would allow litigants to select their judges by making baseless complaints.