John Fairfax Publications Pty Ltd v Kriss

John Fairfax Publications Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment of the Common Law Division. The dispute concerned allegations of apparent bias on the part of the judge who presided over the initial trial.

The primary legal issue before the Court of Appeal was whether the judge at first instance had demonstrated apparent bias, thereby necessitating their disqualification. This involved an examination of the conduct and statements made by the judge during the proceedings to determine if a reasonable and informed observer would apprehend that the judge might not bring an impartial mind to the issues before them.

The Court of Appeal found that the judge's conduct had indeed created a reasonable apprehension of bias. Applying the well-established principles of apparent bias, the court considered the totality of the circumstances, including specific remarks made by the judge. The court concluded that the appearance of impartiality had been compromised, and therefore, the judgment could not stand. Consequently, the appeal was allowed, the judgment of the Common Law Division was set aside, and a new trial was ordered before a different judge. The costs of the first trial were to be determined by the judge presiding at the new trial, and the respondent was granted a certificate under the Suitors' Fund Act 1951.