Mackinnon as plaintiff representative of 153 plaintiff group members v Partnership of Larter, Jones, Miraleste Pty Ltd t/as USG Partner and Johnson, t/as "STC Sports Trading Club" (No 4)

The case involved a group of 153 plaintiffs, represented by Mackinnon, against two defendants, Larter, Jones, Miraleste Pty Ltd, trading as USG Partner, and Johnson, trading as "STC Sports Trading Club". The dispute arose from allegations of misleading or deceptive conduct in relation to sports betting. The matter was heard in the Supreme Court of New South Wales.

The central legal issue was whether the judge had exhibited any form of apprehended bias during the proceedings. The application for recusal was grounded on the assertion that the judge had intervened in the cross-examination of a witness, potentially "closing down" avenues of inquiry. The plaintiffs contended that this intervention indicated a likelihood of bias, which would undermine the fairness of the trial. The defendants argued that the judge's actions were within the bounds of proper judicial oversight and did not constitute bias.

The court examined whether a fair-minded lay observer, having full knowledge of the relevant facts, might reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of the questions in the proceeding. The court concluded that the judge's conduct did not reach the threshold of apprehended bias. The interventions were deemed to be within the scope of the judge's role in managing the trial and ensuring it proceeded fairly and efficiently. The court held that the judge's actions did not indicate a failure to maintain impartiality and dismissed the application for recusal.

The final orders of the court were that the application for the judge's recusal was dismissed, and the trial proceeded with the original judge. The plaintiffs were not granted leave to appeal the decision regarding the recusal application.