Duncanson & Co. v East Wind Development Company Ltd and Ors. v The Registrar of Lands and Anor. (CL 150 of 2022; CL 97 of 2022) [2023] TCASC 2 (28 February 2023)

Case summary
The legal test to be applied in cases of apparent bias is to be found in the speech of Lord Hope of Craighead, in Porter -v- Magill [2002] 2 AC 357, 494 h: “The question is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.” It is equally well established that the fair-minded observer is not unduly sensitive or suspicious: Johnson v Johnson (2000) 201 CLR 488, 509, para 53, per Kirby J.” [29].   I am under a duty to hear matters that are listed before me, without fear or favour. It is therefore only in circumstances where I am of the view there is good and proper reasons for me to recuse, that I should and must do so [35]. I am not of the view that any of the matters raised by Mr. Duncanson meet the relevant threshold [36].

Loading PDF...

This document is 1.5 MB. Do you want to load it?

▲ To the top