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The Court of Appeal dismissed an appeal from the High Court in which a bankrupt individual sought the recusal of the trial judge and challenged the appointments of certain official assignees in his bankruptcy proceedings. The appellant's motions were found to have been brought using the incorrect procedure, as they should have been instituted by plenary summons rather than by notice of motion. The Court of Appeal upheld the High Court’s refusal to recuse the judge, finding no evidence of bias, improper connection or legal error. The appellate court determined that the High Court was correct both in rejecting the recusal application and in striking out the appellant's motions as procedurally flawed, especially as parallel plenary proceedings were already underway to address the underlying dispute.
bankruptcy – recusal – objective bias – High Court – Court of Appeal – official assignee – appointment challenge – plenary summons – notice of motion – Rules of the Superior Courts (RSC) – Bankruptcy Act 1988 – procedural law – costs – self-represented litigant
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