Susman v Allen

[2025] VSCA 276

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Courts
2. › Judges
3. › Bias
4. › Apprehended bias
5. › Recusal application
6. › Whether primary judge erred in failing to recuse himself from further hearing of proceeding
7. › Whether fair-minded lay observer might reasonably apprehend that judge might not bring impartial mind to resolution of remaining issues and trial
8. › Cumulative effect of procedural rulings and case management decisions over extended period
1. Practice and Procedure
2. › Leave to appeal
3. › Whether proposed appeal has real prospect of success
4. › Recusal application dismissed at first instance
5. › Supreme Court Act 1986 (Vic), s 14C

Quick Take

A judge's adverse procedural rulings and case management decisions over an extended period, including striking out pleadings, making costs orders, confining discovery, and making erroneous factual statements, do not individually or cumulatively give rise to apprehended bias where each decision was made after a full hearing and with published reasons.