SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeal: Civil)
HANNA v FLINDERS UNIVERSITY
[2025] SASC 6
Judgment of the Honourable Justice Hughes
29 January 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 sought to appeal a decision by a Magistrate to not recuse herself.
The application for the Magistrate to recuse herself was brought in the context of proceedings involving the original claim brought by the appellant in the Magistrates Court which sought payment from Flinders University and a variety of other orders. Amongst other interlocutory applications, the appellant sought discovery from the respondent. The Magistrate did not grant access to all of the documents that were requested, and the appellant appealed this decision. The appellant was partially successful on appeal of the discovery orders.
After the refusal of the discovery application by the Magistrate, the appellant brought the application for the Magistrate to recuse herself. The Magistrate declined to do so and delivered ex tempore reasons.
The appellant submitted fifteen grounds of appeal and raised additional grounds during the appeal, summarised as:
1. Complaints about the Magistrate’s response to the appellant’s discovery application;
2. Complaints about the Magistrate’s response to the appellant’s request for transfer of the proceedings;
3. Complaints about the Magistrate’s response to the appellant’s request for “specific performance”;
4. Allegations regarding the Magistrate’s “consistent” rulings in favour of the respondent, her failure to understand the proceedings, and treatment of the recusal application.
5. The Magistrate’s dismissive attitude to the appellant; and
6. The Magistrate’s association with the firm of lawyers representing the respondent.
Held, refusing leave to appeal:
1. The appeal, against a bare recusal, is not amenable to appeal.
2. If the appeal is competent, leave is refused because the appellant did not demonstrate that:
a. there was a reasonable prospect of establishing error in the Magistrate’s reasons for declining to recuse herself;
b. the Magistrate’s conduct during the interlocutory stages of the action gave rise to a reasonable apprehension of bias, or supported a conclusion of actual bias;
c. there was an arguable case that the Magistrate should have disqualified herself in respect of the Magistrate’s past employment with the respondent’s solicitors. Mere association through former employment is unlikely, without more, to give rise to a reasonable apprehension of bias; or
d. the Magistrate had had dealings, outside of the court, with the respondent’s solicitors with respect to the proceedings.
Magistrates Court Act 1991 (SA) ss 3, 40, 42; District Court Act 1991 (SA) s 43, referred to.
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 409 ALR 65; Flowers v Hicks [2024] SASCA 126, applied.
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; Hanna v Flinders University [2024] SASCA 127; Harradine v…
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- Case
- [2025] SASC 6
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the appeal was competent and, if so, whether leave should be granted. The court had to determine if Hanna had demonstrated a reasonable prospect of establishing error in the Magistrate's reasons for declining to recuse herself, if the Magistrate's conduct during the interlocutory stages gave rise to a reasonable apprehension of bias, and whether the Magistrate had an arguable case for disqualification due to her relationship with the respondent's solicitors.
The court found that the appeal was not competent because leave was not sought from the Magistrate’s decision not to recuse herself. Even if the appeal was considered competent, the court refused to grant leave because Hanna did not demonstrate a reasonable prospect of establishing error in the Magistrate's reasons. The court also found that the Magistrate's conduct during the interlocutory stages did not give rise to a reasonable apprehension of bias, nor did Hanna demonstrate an arguable case that the Magistrate should have disqualified herself due to her relationship with the respondent's solicitors. The court concluded that Hanna had not shown the Magistrate had dealings with the respondent's solicitors with respect to the proceedings.
The court ordered that the appeal be dismissed and that Hanna pay the costs of the appeal.
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