Josephine Macy v Bryon Macy [2016] NZFC 3107

Published 01 August 2016

Application for Judge’s recusal — Locabail (UK) Limited v Bayfield Properties Ltd [2000] 1 All ER 65 — Saxmere v New Zealand Wool Board Disestablishment Co Ltd [2010] 1 NZLR 35 — Muir v Commissioner of Inland Revenue [2007] 3 NZLR 495 The Judge recused himself from presiding over any future hearing requiring the determination of matters of fact between these parties or involving these witnesses. The decision to recuse followed the Judge’s determination that a “reasonably informed lay observer may hold a doubt as to whether I would be impartial on a future occasion, whereupon such doubt must fall in favour of recusal.” Such doubt might stem from the Judge’s previous findings of unreliability, which particularly extended to the applicant’s mother as an “unusually unreliable witness”. **Note: names have been changed to comply with legal requirements.