Dato’ Tan Heng Chew v Tan Kim Hor [2006] 2 MLJ 293

COUNSEL & SOLICITOR:
Lim Kim Leong (Wong Yoke Peng, Tan Shin Shin and Rohana bte Ngah with him) (Lim Kian Leong & Co) for the appellant in Civil Appeal No 02-6 of 2005(W)

Federal Court

Civil Procedure – Judge – Application to recuse judge – Real danger of bias test – Whether Court of Appeal correct in applying new test for recusal which was inconsistent with ‘real danger of bias’ test

Civil Procedure – Judicial precedent – Court of Appeal – Whether Court of Appeal bound to follow ‘real danger of bias’ test adopted by Federal Court for recusal of judge