Menzies v Paccar Financial Pty Ltd

SACKVILLE AJA: I do not think that a basis has been established for me to remove myself from this matter. I understand the way you feel, both about me and about the other judges that have previously participated in the case. The fact that the particular case that I was involved in dismissed an appeal that you and your wife brought, does not establish that there is apprehended bias in the relevant sense for the purpose of my participation in the determination of this application. The question that I have to address is whether I can bring and be seen to bring an unprejudiced and unbiased mind to the issues that arise on this application. In my view, there is no impediment to my doing that on the basis of the contentions you have advanced. So for those reasons, I decline to recuse myself.

What you do in terms of conducting this case is of course a matter for you and, separately, for your wife to determine. I cannot, as a matter of duty, recuse myself because of a threat by litigants to remove themselves from the proceedings if I do not. For those reasons, I decline to recuse myself.