Smits v Roach

Courts and judges – Apprehended bias - Disqualification of judge - Right to trial by independent and impartial tribunal - Familial association - Brother of judge alleged to have an indirect pecuniary interest in outcome of proceedings - Associated party given access to judge's draft reasons in advance of delivery -Non- disclosure of association until conclusion of trial - Whether apprehension of bias reasonable - Whether connection between familial association and feared deviation from impartial decision articulated.

Courts and judges – Apprehended bias - Disqualification of judge - Familial association - Brother of judge alleged to have an indirect pecuniary interest in outcome of proceedings - Failure to object promptly to judge's participation in the trial - Waiver of right to object.

Legal practitioners – Barrister and client - Relationship of agency - Imputation to litigant of knowledge possessed by counsel.

Words and phrases – "apprehended bias".