ABA Australian Bar Association Ltd v Minus (No.2)

ABA Australian Bar Association Ltd (the applicant) sought the recusal of Judge Street from hearing proceedings against Minus (the respondent). The applicant subsequently decided not to proceed with its application for recusal.

The sole legal issue before the court was whether the application for recusal should be dismissed, given the applicant's decision to withdraw it.

Judge Street reasoned that where an applicant formally withdraws an application for recusal, the court is obliged to dismiss that application. The court applied the principle that a party is generally entitled to withdraw its own application, and the court's role in such circumstances is to give effect to that withdrawal by dismissing the application.

The application for recusal was dismissed.