McDonald v Attorney-General (SA) (No 2)

This matter concerned an application for the disqualification of the coram of the Supreme Court of South Australia, comprising Livesey P, S Doyle and Bleby JJ, from hearing an appeal. The application was brought by the applicant, McDonald, against the Attorney-General (SA).

The central legal issue before the Court was whether there was a reasonable apprehension of bias on the part of the coram, or any of its members, such that they should be disqualified from determining the appeal. This required the Court to consider the principles governing the disqualification of judges for apprehended bias.

The Court concluded that the applicant had not demonstrated any basis for a reasonable apprehension of bias. It noted that the Chief Justice had not been involved in the allocation of judges to the coram, nor had any other factor been presented that would suggest the coram or its members would resolve the appeal otherwise than on its legal and factual merits. Accordingly, the application for disqualification was dismissed. The question of costs was reserved to the Court of Appeal.