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)

Flynote
Bias
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].

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