MTH v State of New South Wales (No 2)

The proceeding concerned an application for the recusal of Price AJA, brought by the third respondent, on the grounds of apprehended bias. The application was heard by Mitchelmore and Adamson JJA.

The central legal issue before the Court was whether there was a reasonable apprehension of bias on the part of Price AJA, such that his Honour ought to recuse himself from hearing the matter.

The Court considered the principles governing apprehended bias, which require an objective assessment of whether a fair-minded lay observer, knowing the relevant facts, would apprehend that the judge might not bring an impartial mind to the issues the judge is to decide. Applying these principles, the Court found that the grounds advanced by the third respondent did not establish a reasonable apprehension of bias.

Accordingly, the Court dismissed the third respondent’s application that Price AJA recuse himself.