http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/36.html
EVIDENCE – appeal – application to adduce evidence to supplement transcript – discussion of Vakauta v Kelly (1988) 13 NSWLR 502 – whether court should receive evidence pursuant to Supreme Court Act 1970 (NSW), s 75A(7) – whether court should exercise discretion to reject admissible evidence tendered for the first time on appeal
PROCEDURE – civil – refusal to disqualify for apprehended bias – whether appellate court or court exercising supervisory jurisdiction should consider judgment of the court below on recusal application – whether exchanges between counsel and judge demonstrate that a fair-minded lay observer might hold the opinion that the judge might not determine issues fairly
WORDS AND PHRASES – “apprehension of bias”