Yamaha Motor Finance Australia Pty Limited v Coast to Coast Boating Pty Limited

In this matter, Yamaha Motor Finance Australia Pty Limited, the plaintiff, sought an interlocutory injunction against Coast to Coast Boating Pty Limited, the defendant, to restrain the defendant from selling certain goods which were the subject of a security agreement. The matter was heard in the Supreme Court of New South Wales. The central issue before the court was whether the judge had displayed a reasonable apprehension of bias that would necessitate their recusal. This issue arose from the plaintiff's submission that the judge had exhibited bias during a previous directions hearing, where the judge's dialogue with counsel had allegedly indicated concerns.

The court considered the plaintiff's submissions and found no reasonable apprehension of bias on the part of the judge. The judge had engaged in dialogue with counsel at the directions hearing, but this did not reflect any indication of bias. The court emphasised that the apprehension of bias must be based on actual bias, not potential or hypothetical bias. The dialogue at the directions hearing did not demonstrate any reasonable apprehension of bias, as the judge's comments were made in the context of ensuring a fair hearing for both parties.

Consequently, the court dismissed the plaintiff's application for the judge to recuse themselves. The court found that the dialogue with counsel did not demonstrate any reasonable apprehension of bias. As a result, the judge remained on the case, and the interlocutory injunction was considered on its merits. The final orders of the court were that the application for the judge to recuse themselves was dismissed, and the interlocutory injunction application would proceed on its merits.