State of New South Wales v Monteiro

The State of New South Wales (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge. The respondent, Mr. Monteiro, had applied for the recusal of the primary judge on the grounds of actual or apprehended bias, alleging a lack of independence.

The central legal issue before the Court of Appeal was whether the primary judge had erred in refusing to recuse themselves from hearing the matter, based on the respondent's claims of actual or apprehended bias and a lack of judicial independence.

Stern JA, delivering the judgment of the Court, considered the principles governing applications for recusal based on apprehended bias. The Court applied the test of whether a fair-minded lay observer, knowing the relevant facts, would apprehend that the judge might not bring an impartial mind to the issue. The Court found that the grounds advanced by the respondent did not meet this threshold, and therefore, the primary judge was not required to recuse themselves.

Consequently, the Court of Appeal dismissed the respondent's oral recusal application made in court on 10 March 2025.