DJ Singh v DH Singh (No 2)

In DJ Singh v DH Singh (No 2), the applicant sought the disqualification of Gleeson JA from hearing further proceedings on the grounds of apprehended bias. The application was predicated on an asserted misstatement of facts within an earlier interlocutory judgment delivered by the judge.

The central legal issue before the Court was whether the alleged misstatement of facts in the prior judgment gave rise to a reasonable apprehension that the judge was biased against the applicant, thereby necessitating recusal.

Gleeson JA considered the principles governing apprehended bias, particularly in the context of judicial pronouncements. His Honour determined that the alleged misstatement, when viewed objectively and in the context of the entire interlocutory judgment, did not demonstrate any actual or apprehended bias. The judge concluded that the applicant had not established a sufficient basis to warrant recusal, as the circumstances did not create a perception of a lack of impartiality.

Consequently, the application for recusal was declined.