Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd

An application for recusal was brought by Comlin Holdings Pty Ltd against Justice Metlej in the Supreme Court of New South Wales. The application arose from an exchange between the judge and counsel during the course of argument concerning an interlocutory application, and the nature of a costs order made in relation to that application.

The central legal issue before Basten JA was whether there was a reasonable apprehension of bias on the part of Justice Metlej, such that his Honour ought to have recused himself from further involvement in the proceedings. This required an assessment of the exchange between the judge and counsel and the subsequent costs order in light of the established principles governing recusal applications.

Basten JA considered the principles of apprehended bias, which require a consideration of whether a fair-minded lay observer, having considered the facts, would have apprehended that the judge might not bring an impartial mind to the issues. His Honour found that the exchange during argument, viewed in its context, did not give rise to such an apprehension. Similarly, the nature of the costs order made was not of itself indicative of bias. Accordingly, the application for recusal was refused.