C N-D v P D (D 52 of 2021) [2022] TCASC 40 (7 November 2022)

Flynote

Civil Procedure

Case summary

The Court was satisfied that a fair-minded observer informed of the circumstances of its previous interactions with the Respondent would conclude that there may be a possibility of partiality. The Court was of the view the recusal test had been met and accordingly the judge recused himself [14]. Locabail (U.K.) Ltd -v- Bayfield Properties Ltd. [2000] Q.B. 451; R -v- Bow Street Metropolitan Stipendiary Magistrate and others, ex-parte Pinochet Ugarte (No. 2) [2000] 1 A.C. 119; Ebner -v- Official Trustee in Bankruptcy (2000) 205 CLR 337; Perry -v- Lopag Trust Reg. and others, considered. 

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