BHAGAT v PETER YOUNG & 12 ORS

HIS HONOUR: Mr Bhagat has made what I take to be an application that I should disqualify myself for either apprehended or actual bias in respect of hearing the notices of motion which seek to dismiss or strike out his statements of claim against Peter Young who is a Judge of this Court.

The two bases for this application are, first, that I am a judge in this Court, as is Mr Justice Young. The second basis is that I have shown preference by dealing first with the applications made on behalf of Mr Justice Young, as distinct from the other applications seeking the dismissal of the proceedings against other defendants, which Mr Bhagat says are no different in substance.

There are two reasons why I have decided to deal with the applications so far as they affect Justice Young first. The first of them is that a notice of motion is before me in that respect and that the other parties seek to defer their arguments or seek to defer consideration of their applications until that which involves Mr Justice Young is concluded. The reasons essentially given are that it is convenient that these matters be dealt with in the Equity Division of this Court, having regard to the history of the litigation and that it would facilitate that process if the proceedings against Mr Justice Young were decided. If decided in his favour then it follows that there are no difficulties in relation to a judge of the Equity Division continuing to case manage the litigation. If decided against him certain things follow as to the appropriateness of the matters being dealt with in the Equity Division or at least, of course, by Mr Justice Young. Those seem to me to be sensible procedural reasons which justify my hearing this application before the other applications.

I am satisfied that no reasonable observer could or might think that, in dealing with the notices of motion in the order which I have indicated, the Court is in any way biased against Mr Bhagat or pre-judging the issues in the case. Accordingly, the application that I should disqualify myself is rejected.