TABANO & YABON

The application for recusal concerned apprehended bias on the part of Egan J. The dispute arose following the making of certain orders in February 2018, which the Judge conceded were made beyond his intention. The applicants sought the Judge's recusal on the grounds that a reasonable person might apprehend bias.

The central legal issue before the court was whether the circumstances surrounding the making of the February 2018 orders gave rise to a reasonable apprehension of bias, thereby necessitating the Judge's recusal from further proceedings.

Egan J applied the well-established test for apprehended bias, which requires consideration of whether a fair-minded and informed observer, having considered the facts, would conclude that the Judge was not impartial. In this instance, the Judge accepted that his concession regarding the orders being made beyond his intention could lead a reasonable person to apprehend bias. Consequently, the application for recusal was successful.