ELIEZER v Australian Property Managers Pty Ltd

In the matter of *Eliezer v Australian Property Managers Pty Ltd*, the applicant sought the recusal of Judge Street from presiding over proceedings. The core of the dispute concerned an apprehension of bias, with the applicant arguing that a fair-minded lay observer might reasonably conclude that the Court could not bring an independent and impartial mind to the determination of the case on its merits.

The central legal issue before the Court was whether the grounds advanced by the applicant established a reasonable apprehension of bias, thereby necessitating the recusal of the presiding judge. This required an objective assessment of the circumstances from the perspective of a fair-minded and informed lay observer.

Judge Street applied the well-established test for apprehended bias, which requires demonstrating that a reasonable person, knowing the relevant facts, would perceive a real possibility that the judge might not bring an impartial mind to the issues. The Court considered the applicant's submissions and found that they did not meet this threshold. The application for recusal was accordingly dismissed.