SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeal: Civil)
HANNA v FLINDERS UNIVERSITY
[2025] SASC 81
Judgment of the Honourable Justice B Doyle
29 May 2025
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FOR BIAS IN JUDICIAL PROCEEDINGS
COURTS AND JUDGES - JUDGES - DISQUALIFICATION FOR INTEREST OR BIAS
The appellant brought a claim in the Magistrates Court seeking relief of various kinds against the respondent. In March 2024, the appellant requested that the magistrate with the conduct of the matter recuse herself. In reasons published on 22 April 2024, the magistrate declined to accede to the appellant’s request. The appellant appealed against that decision to this Court. The appeal was dismissed.
In August 2024, the appellant made a further request that the magistrate recuse herself. For reasons dated 11 December 2024, the magistrate again declined to recuse herself. The appellant now appeals against that decision.
The appellant relied on numerous grounds of appeal which can be grouped into two categories:
1.complaints about the magistrate’s conduct in the course of hearings between late 2023 and mid-2024;
2.complaints concerning the second recusal application including the magistrate’s characterisation of her past association with the law firm representing the respondent in the proceeding.
Held, refusing an extension of time to institute the appeal and refusing leave to appeal:
1.it is not necessary to resolve whether it remains open to the appellant to raise complaints arising from the earlier hearings because it is not reasonably arguable that they disclose any matter which a fair-minded lay observer might reasonably apprehend might lead the magistrate to decide any procedural or substantive issue other than by reference to its merits;
2.neither the magistrate’s characterisation of her past association with the respondent’s solicitors nor her conduct of the second recusal application gives rise to a reasonably arguable basis upon which actual or apprehended bias might require recusal.
Magistrates Court Act 1991 (SA) ss 8(1), 19(2), referred to.
Hanna v Flinders University [2025] SASC 6, applied.
Hanna v Flinders University [2024] SASCA 127; Michael Wilson & Partners v Nicholls (2011) 244 CLR 427; QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 279 CLR 148; Stone v Moore (2015) 122 SASR 54, discussed.
HANNA v FLINDERS UNIVERSITY
[2025] SASC 81Magistrates Appeal—Civil
B DOYLE J: The appellant, Dr Hanna, is the applicant in a proceeding against Flinders University in the Magistrates Court. In March 2024, Dr Hanna requested that the magistrate with the conduct of the proceeding recuse herself. On 22 April 2024, the magistrate gave reasons for declining to do so. Dr Hanna appealed against that decision to this Court. The appeal was heard in August 2024 and ultimately dismissed on 29 January 2025.[1] Before the dismissal of the appeal, but after it had been argued, Dr Hanna made a further request that the magistrate recuse herself.…
Keep reading for free
Create a free CaseChat account to read Hanna v Flinders University and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] SASC 81
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the magistrate's conduct gave rise to a reasonable apprehension of bias and whether the court should admit new evidence that was submitted after the judgment was reserved. The court needed to determine if the magistrate’s actions, including the handling of interlocutory applications and rulings, could be perceived as biased. Additionally, the court had to assess the relevance and impact of the new evidence that Dr Hanna sought to introduce after the reservation of judgment.
The court found that the magistrate's conduct did not give rise to a reasonable apprehension of bias. It concluded that the magistrate's decisions were based on the merits of the case, and the appellant's disagreement with those decisions did not constitute a basis for recusal. The court also ruled that the new evidence submitted by Dr Hanna, which concerned the magistrate's past professional relationship with counsel for the respondent, was irrelevant and would not affect the disposition of the appeal. Consequently, the court refused to admit this evidence.
The appeal was dismissed, and leave to appeal was not granted. The court found that it was not reasonably arguable that the appeal would succeed and that granting leave would be futile.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.