Torney, Ex parte - Re Justice Ellis

This matter concerned an application by Mr Torney for a writ of prohibition directed to Justice Ellis, a judge of the Supreme Court of New South Wales. The applicant sought to prohibit Justice Ellis from continuing to hear and determine proceedings in the Supreme Court, which involved allegations of fraud against Mr Torney.

The central legal issue before Hayne J was whether Justice Ellis had demonstrated a reasonable apprehension of bias, thereby disqualifying himself from presiding over the proceedings. This required an examination of whether a fair-minded lay observer, knowing the relevant facts, would apprehend that Justice Ellis might not bring an impartial mind to the resolution of the question the judge was required to decide.

Hayne J considered the evidence presented by Mr Torney, which related to certain remarks made by Justice Ellis during earlier proceedings. His Honour applied the well-established test for apprehended bias, carefully weighing the applicant's submissions against the context in which the remarks were made. Ultimately, Hayne J concluded that the applicant had not established a sufficient basis to warrant the granting of a writ of prohibition, finding that the circumstances did not give rise to a reasonable apprehension of bias.

The application for a writ of prohibition was dismissed.