Storry v Business Licensing Authority

The matter before the court involved an interlocutory application filed by Storry against the Business Licensing Authority, raising concerns about the apprehended bias of the docket judge. The application was made in the context of a larger dispute related to business licensing. The Federal Court was tasked with determining whether the judge's conduct or prior involvement in the case might lead a fair-minded observer to reasonably apprehend that the judge might not bring an impartial mind to the hearing.

The court considered the legal principles surrounding judicial bias, focusing on whether the judge's actions or associations with the case could create a reasonable apprehension of bias. The court evaluated the specific circumstances and the judge's conduct, weighing the relevance and weight of any potential bias. After thorough consideration, the court concluded that the fair-minded observer would not reasonably apprehend bias in the judge's impartiality.

Based on its findings, the court dismissed the interlocutory application. The court determined that the apprehension of bias was not substantiated and that the judge's conduct did not warrant recusal. Consequently, the application was dismissed in its entirety. The dismissal of the application means that the matter will proceed with the originally assigned judge, and no further steps regarding the apprehension of bias will be entertained at this stage.