Hayes and Eddington (No 2)

An application was made by the applicant for Benjamin J to disqualify himself from further hearing the proceedings. The respondent opposed this application.

The central legal issue before the court was whether the test for apprehended bias was satisfied, thereby requiring the judge's disqualification.

Benjamin J applied the established test for apprehended bias, which requires the court to consider whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is to decide. His Honour found that the test was not satisfied on the facts before him.

Consequently, the oral application made on behalf of the applicant for Benjamin J to disqualify himself from the further hearing of the applications in these proceedings was dismissed.