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2012 MarsdenLR 752

COURT OF APPEAL, PUTRAJAYA
CHUAH SEONG PHAIK – Appellant
Versus
TR HAMZAH & YEANG SDN BHD & ORS – Respondent


Table of Content
1. recusal grounds centered on bias concerns. (Para 1 , 1 , 2 , 3)
2. no real danger of bias established. (Para 4)

[1] The Court is mindful of the test to be applied in an application to recuse a judge namely, whether there is a real danger of bias and not merely whether there is a real likelihood of bias if the judge were to continue with the case.

Brief Chronology Of Events

17 January 2005 - The 3rd respondent sought the removal of the appellant as the liquidator of the 2nd respondent. The application was supported by the 4th, 5th and 6th respondents.

14 September 2011 - Some six years later there was a first hearing of the removal application before Hamid Sultan J.

20 October 2011 - Case fixed for clarification/decision but was postponed to 31 October 2011 as the 3rd respondent's counsel was on medical leave.

25 October 2011 - Counsel for appellant wrote to judge inviting him to recuse himself to "avoid danger of bisness business".

31 October 2011 - Counsel met judge in chambers. Appellant's counsel made an oral application for recusal but was rejected by the judge. Judge refused a postponement to enable the appellant's counsel to file a formal application. Judge proceed

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