Kowalski v Mitsubishi Motors Australia Staff Superannuation Pty Ltd

In *Kowalski v Mitsubishi Motors Australia Staff Superannuation Pty Ltd*, Nicholson J of the Supreme Court of South Australia considered an application for the disqualification of a judge. The applicant, Mr Kowalski, sought to have the judge disqualified from hearing proceedings on the grounds of apprehended bias. The respondent was Mitsubishi Motors Australia Staff Superannuation Pty Ltd.

The central legal issue before the Court was whether there was a reasonable apprehension that the judge might not bring an impartial mind to the resolution of the question the judge was required to decide. This involved an assessment of the objective appearance of bias, rather than any actual bias on the part of the judge.

Nicholson J applied the well-established test for apprehended bias, which requires consideration of whether a fair-minded lay observer, having considered the facts, would have a reasonable apprehension that the judge might not be impartial. The judge examined the specific circumstances giving rise to the application, including the nature of the proceedings and the alleged grounds for bias. After careful consideration of the evidence and submissions, the judge concluded that the test for apprehended bias was not met in this instance.

The application for disqualification was dismissed.