JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: DONALDSON -v- NOLAN [No 2] [2015] WASC 158
CORAM: BEECH J
HEARD: ON THE PAPERS
DELIVERED : 5 MAY 2015
FILE NO/S: CIV 2867 of 2013
BETWEEN: JOHN RAWSON DONALDSON
Plaintiff
AND
JEFFREY RAYMOND NOLAN as Executor of the Estate of JOHN WAYNE DONALDSON
First DefendantJEMMA LOUISE DONALDSON
Second DefendantTHOMAS DEREK DONALDSON
Third DefendantROSANNE DONALDSON
Fourth DefendantGREGORY BRENT DONALDSON
Fifth DefendantVANESSA DONALDSON
Sixth DefendantJACQUELINE DONALDSON
Seventh DefendantVALERIE DOREEN DONALDSON
Eighth DefendantMAITLAND GERALD DONALDSON
Ninth DefendantDAVID TAYLOR
Tenth DefendantSILVER CHAIN NURSING ASSOCIATION INC
Eleventh DefendantROBIN BRAZIL DONALDSON
Twelfth DefendantJENNIFER LOUISE BROWNING
Thirteenth Defendant
FILE NO/S :CIV 2865 of 2013
BETWEEN :JOHN RAWSON DONALDSON
Plaintiff
AND
JEFFREY RAYMOND NOLAN as Executor of the Estate of JOHN WAYNE DONALDSON
First DefendantJEMMA LOUISE DONALDSON
Second DefendantTHOMAS DEREK DONALDSON
Third DefendantROSANNE DONALDSON
Fourth DefendantGREGORY BRENT DONALDSON
Fifth DefendantVANESSA DONALDSON
Sixth DefendantJACQUELINE DONALDSON
Seventh DefendantVALERIE DOREEN ROBERTS
Eighth DefendantMAITLAND GERALD DONALDSON
Ninth DefendantDAVID TAYLOR
Tenth DefendantSILVER CHAIN NURSING ASSOCIATION INC
Eleventh DefendantROBIN BRAZIL DONALDSON
Twelfth DefendantJENNIFER LOUISE BROWNING
Thirteenth Defendant
FILE NO/S :CIV 1461 of 2015
BETWEEN :JOHN RAWSON DONALDSON
Plaintiff
AND
SUFFOLK INVESTMENTS PTY LTD
Defendant
Catchwords:
Courts and judges - Recusal application - Whether reasonable apprehension of bias - Turns on own facts
Legislation:
Nil
Result:
Application dismissed
Category: B
Representation:
CIV 2867 of 2013
Counsel:
Plaintiff: No appearance
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Eighth Defendant : No appearance
Ninth Defendant : No appearance
Tenth Defendant : No appearance
Eleventh Defendant : No appearance
Twelfth Defendant : No appearance
Thirteenth Defendant : No appearance
Solicitors:
Plaintiff: In person
First Defendant : Taylor Smart Lawyers & Notaries
Second Defendant : Kershaw Legal
Third Defendant : Kershaw Legal
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Eighth Defendant : No appearance
Ninth Defendant : No appearance
Tenth Defendant : No appearance
Eleventh Defendant : No appearance
Twelfth Defendant : Kershaw Legal
Thirteenth Defendant : Kershaw Legal
CIV 2865 of 2013
Counsel:
Plaintiff: No appearance
First Defendant : No appearance
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
Eighth Defendant : No appearance
Ninth Defendant : No appearance
Tenth Defendant : No appearance
Eleventh Defendant : No appearance
Twelfth Defendant : No appearance
Thirteenth Defendant : No appearance
Solicitors:
Plaintiff: In person
First Defendant : Kershaw Legal
Second Defendant : Kershaw Legal
Third Defendant : Kershaw Legal
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance
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- AGLC
- Donaldson v Nolan [No 2] [2015] WASC 158
- Case
- [2015] WASC 158
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether there was a reasonable apprehension of bias on the part of Nolan. This required the court to consider the nature of Nolan's prior relationship with the witness, the extent to which this relationship could impact Nolan's impartiality, and whether any such bias was so significant as to necessitate recusal. The court had to balance the principles of procedural fairness and the presumption of impartiality against the practicalities of judicial recusal in the context of ongoing litigation.
In reaching its decision, the court carefully examined the facts of the case, including the history of Nolan's interactions with the witness. The court concluded that the relationship, while existing, did not create a reasonable apprehension of bias sufficient to warrant recusal. The court found that the relationship was not such that it would cause a fair-minded observer to conclude that Nolan could not approach the case with an open mind. Consequently, the application for recusal was dismissed, and Nolan was permitted to continue as the presiding judge in the case. The court emphasised the importance of maintaining the integrity of the judicial process while also recognising the need for a balanced and nuanced approach to questions of bias.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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