Collier v Attorney General for New South Wales (No 1)
Case
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[2022] NSWCA 37
•15 March 2022
Details
AGLC
Case
Decision Date
Collier v Attorney General for New South Wales (No 1) [2022] NSWCA 37
[2022] NSWCA 37
15 March 2022
CaseChat Overview and Summary
In *Collier v Attorney General for New South Wales (No 1)*, the applicant, Mr Collier, sought the disqualification of Leeming JA from hearing proceedings. The dispute concerned an application for recusal, which was ultimately refused by the court.
The primary legal issue before the court was whether there were grounds for Leeming JA to recuse himself from the proceedings. This involved an assessment of whether there was a reasonable apprehension of bias on the part of the judge.
Leeming JA applied the well-established test for apprehended bias, which requires consideration of whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide. His Honour found that the circumstances did not give rise to such an apprehension, concluding that there was no question of principle involved in the application for recusal.
The application for recusal was dismissed.
The primary legal issue before the court was whether there were grounds for Leeming JA to recuse himself from the proceedings. This involved an assessment of whether there was a reasonable apprehension of bias on the part of the judge.
Leeming JA applied the well-established test for apprehended bias, which requires consideration of whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide. His Honour found that the circumstances did not give rise to such an apprehension, concluding that there was no question of principle involved in the application for recusal.
The application for recusal was dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Standing
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
0
Collier v Telstra Corporation Ltd
[2018] FCA 1569
Collier v State of New South Wales
[2014] NSWCA 442
Collier v State of New South Wales (No 2)
[2014] NSWCA 461