Mandie v Memart Nominees Pty Ltd

Mandie sought to appeal a decision made by Justice Rothman in the Federal Circuit Court. The appeal pertained to an interlocutory finding that Mandie's claim against Memart had no real prospect of success. Mandie argued that the judge should have recused herself from making the finding due to an apprehended bias, and that the claim was now being advanced on a basis not previously argued. Additionally, Mandie contended that the judge's criticism of their conduct was unreasonable.

The court considered whether there was a reasonable apprehension of bias in the circumstances and whether the judge's discretion to recuse herself was reviewable. The court found that there was no reasonable apprehension of bias and that the judge's discretion to recuse herself was not reviewable. The appeal was dismissed.

In reaching its decision, the court examined the circumstances surrounding the judge's decision to make the interlocutory finding and whether there were any grounds for a reasonable apprehension of bias. The court noted that the judge had acted within her discretion and that there were no circumstances that would give rise to such an apprehension. Furthermore, the court held that the judge's discretion to recuse herself was not reviewable and that any refusal to do so would not be subject to appeal.