Slavin v Owners Corporation Strata Plan 16857

The appeal concerned a claim by Mr Slavin against Owners Corporation Strata Plan 16857. Mr Slavin sought to disqualify a judge from hearing proceedings on the grounds of apprehended bias. The appeal was heard in the Court of Appeal of New South Wales by Giles, Bryson and Basten JJA.

The central legal issue before the Court of Appeal was whether a fair-minded lay observer, informed of all the circumstances, might reasonably apprehend that the judge might not bring an impartial mind to the decision. This required the court to consider specific observations made by the judge regarding the credibility of a witness, which Mr Slavin argued were made without affording him an opportunity to make submissions.

The Court of Appeal reasoned that the hypothetical informed observer does not examine matters in isolation. Instead, they consider the circumstances in which observations were made and the totality of what the judge said. Applying this principle, the Court found that the test for apprehended bias was not satisfied, as the judge's observations, when viewed in their full context, did not demonstrate a lack of impartiality.

Consequently, the Court of Appeal granted leave to appeal in relation to the disqualification for apprehended bias and directed the filing of a notice of appeal within seven days. However, the appeal itself was dismissed, and Mr Slavin was ordered to pay the respondent's costs.