Barbosa v Di Meglio

In *Barbosa v Di Meglio*, the New South Wales Court of Appeal considered an application to disqualify a judge for apprehended bias and also dealt with issues concerning argumentative and conclusory material within an expert's report.

The primary legal issue before the Court was whether there was a reasonable apprehension of pre-judgment and bias on the part of the judge. Allied to this was the question of whether the expert's report contained material that was improperly argumentative and conclusory, thereby potentially contributing to the apprehension of bias.

The Court dismissed the appeal, finding no reasonable apprehension of bias. The reasoning likely involved an assessment of the judge's conduct and pronouncements against the objective standard of a fair-minded lay observer. The Court also implicitly or explicitly addressed the admissibility and proper use of expert evidence, indicating that such evidence should be objective and analytical rather than argumentative.

The appeal was dismissed with costs.