Eastman v The Queen

The appeal in *Eastman v The Queen* concerned an application by the appellant for a judge to disqualify himself from hearing an application for a permanent stay of the appellant's trial. The apprehended bias was claimed to arise from a past professional association between the judge and a witness. The appeal was heard by Wigney J, Walmsley and Robinson AJJ.

The central legal issue before the appellate court was whether the judge below had applied the incorrect test for apprehended bias and, consequently, whether the judge should have recused himself from hearing the application for a permanent stay.

The Court allowed the appeal, finding that the judge below had erred in his application of the test for apprehended bias. The appellate court set aside the order dismissing the appellant's application for recusal and disqualified the judge from hearing the application for a permanent stay.