Quach v New South Wales Civil and Administrative Tribunal

The applicant, Quach, sought a recusal of members of the New South Wales Civil and Administrative Tribunal (NCAT) on the grounds of apprehended bias. The basis for this apprehension was that the same members had previously heard and dismissed unsuccessful applications made by the applicant. The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the prior involvement of the NCAT members in unsuccessful applications by the applicant gave rise to a reasonable apprehension of bias, specifically prejudgment, in the current proceedings. The court was required to consider the test for apprehended bias in the context of judicial officers who had previously considered and rejected arguments put forward by a party.

The Court of Appeal reasoned that the mere fact that judicial officers had previously heard and determined applications made by a party, and that those applications were unsuccessful, did not automatically give rise to a reasonable apprehension of bias. The court applied the established legal principle that for apprehended bias to be established, it must be shown that an informed, fair-minded lay observer would entertain a reasonable apprehension that the judicial officer might not bring an impartial mind to the issue to be decided. In this instance, the court found that the previous decisions were based on the merits of the applications and did not demonstrate any prejudgment of the current matter.

The application for recusal was declined.