Self Care Corporation Pty Ltd v Green Forest International Pty Ltd (No 8)

This matter came before Judge Baird in the Supreme Court of Victoria. The application concerned a claim by Self Care Corporation Pty Ltd (the applicant) against Green Forest International Pty Ltd and other respondents. The specific issue before the court was an application by one of the respondents, Mr Skelin, for the judge to recuse herself due to apprehended bias.

The legal issues before the court were whether the judge's previous comments and observations made during hearings on 17 and 18 December 2019, in the context of applications for freezing orders, demonstrated a pre-judgment of Mr Skelin's involvement in dealing in counterfeit products and his trustworthiness regarding his assets. Mr Skelin contended that these comments, made in accepting the applicant's submissions, suggested the judge had accepted grave allegations of dishonest and fraudulent conduct without qualification, leading a fair-minded lay observer to apprehend that the judge might not bring an impartial mind to the trial.

The court considered the principles of apprehended bias and waiver. Judge Baird noted that one of the grounds for recusal (ground 2) was contingent on another ground (ground 1) being established, and if ground 1 was established, it would suffice without needing to consider ground 2. The judge's reasoning focused on the context of the freezing orders made on 25 October 2019, which restrained respondents from dealing in genuine and counterfeit FreezeFrame Products and required them to provide affidavits detailing their holdings and dealings. The judge found that the application for recusal was not made out.

The court ordered that the sixth respondent's application be dismissed. The question of the costs of this application was reserved and to be fixed at a later date after consultation with counsel.