Re Green Estate Australia Pty Ltd

[2026] NSWSC 1028

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. COURTS AND JUDGES — bias — apprehended bias — disqualification application — application granted

A trial judge may be required to disqualify for apprehended bias on a ground not advanced by the applicant, where the cumulative effect of acknowledged errors, exposure to appellate criticism during an ongoing trial, and the conduct of the disqualification application itself creates a real risk that the judge would overcorrect in favour of the party alleging bias, to the detriment of the opposing party.
Judicial expression of preliminary views, active case management, identification of potential self-incrimination risks for witnesses, and rulings on the scope of cross-examination do not, without more, establish apprehended bias; the fair-minded lay observer assesses such conduct in the context of ordinary modern judicial practice and recognises that preliminary views are open to change.
Where real doubt exists as to disqualification and another judge is available to hear the matter promptly, pragmatic considerations — including the near-certainty that any adverse final judgment would be challenged on apprehended bias grounds — may independently justify recusal even if the formal test is not met on the grounds argued.