Andrew O’Brien KC appeared for the first respondent, instructed by Ashurst.
This case concerned an originating application brought by QNI Metals and QNI Resources, seeking orders against the five respondents that each respondent serve on the applicants an affidavit deposing to the information passing between the respondents, and to the information passing between the respondents and Mr Shane Doyle QC in respect of the Subject Matters. The Court considered the relevant law for analysing the recusal application, which involved two steps: first, the identification of what it is said might lead the judge to decide the question otherwise than on its legal and factual merits, and second, the articulation of the logical connection between that matter and the risk that the judge will decide the matter otherwise than on its legal and factual merits. It was held that the application be refused.
The judgment can be read by clicking here
