Ogbonna v CTI Logistics Ltd

The case of Ogbonna v CTI Logistics Ltd involves an appeal by the appellant against the grant of summary judgment for the respondents in a defamation action. The appeal was initially heard by Stavrianou DCJ, who dismissed the appellant's appeal against the Deputy Registrar's decision. The appellant now appeals from Stavrianou DCJ's decision to the Supreme Court of Western Australia. The appellant made an application for the Chief Justice to recuse himself from hearing the appeal on the grounds of apprehended bias and actual bias. The appeal was heard by a coram consisting of Murphy and Mitchell JJA and Quinlan CJ. Quinlan CJ dismissed the application for recusal and provided his reasons for doing so.

The legal issues before the court were whether Quinlan CJ should recuse himself from hearing the appeal on the grounds of apprehended bias and actual bias. The court applied the established principles of bias, including the test for apprehended bias and the onus of proving actual bias. The court considered the appellant's complaint against the other members of the court and the fact that Quinlan CJ had previously sat in an appeal brought by the appellant. The court concluded that the appellant's complaint did not give rise to a reasonable apprehension of bias and that the appellant's disagreement with the outcome of the previous appeal did not demonstrate actual bias.

In conclusion, the court dismissed the appellant's application for Quinlan CJ to recuse himself from hearing the appeal. The court found that the appellant's complaint against the other members of the court did not give rise to a reasonable apprehension of bias and that the appellant's disagreement with the outcome of the previous appeal did not demonstrate actual bias. The court's decision was based on the principles of bias and the evidence presented in the case. The court did not make any final orders in the appeal at this stage.