Jensen Laundry Systems Australia Pty Ltd v Raskopoulos

Jensen Laundry Systems Australia Pty Ltd and others (applicants) sought leave to appeal against two orders made by a judge of the Supreme Court of New South Wales. The first order allowed an application to join a party to the proceedings and adjourned the proceedings. The second order dismissed an application for the disqualification of the judge on the grounds of apprehended or actual bias.

The court was required to determine whether to grant leave to appeal against these two orders. In relation to the first order, the court considered whether the matter involved a question of general importance, whether there would be any utility in allowing an appeal, and whether there was an apparent error in the exercise of the judge's discretion, given that no reasons were given or sought and the transcript did not reveal an obvious error. Regarding the second order, the court considered whether the applicants had articulated a sufficient connection between the conduct they relied upon and a possible departure from impartial decision-making by the judge.

On the first ground, the court found that the matter was one of practice and procedure, did not raise a question of general importance, and that there would be no apparent utility in allowing an appeal even if it were successful. The court also noted the absence of reasons for the original decision and the lack of an obvious error in the exercise of discretion. On the second ground, the court found that the applicants had failed to articulate a connection between the conduct they relied upon and any possible departure from impartial decision-making.

Consequently, the court dismissed the applicants’ summons and ordered the applicants to pay the respondent’s costs of the summons on the ordinary basis.