Gaynor v Local Court of NSW & Ors [2019] NSWSC 516

There is no logical connection between the alleged political views or activities of the judge's tipstaff and a reasonable apprehension that the judge could not bring an impartial mind to the resolution of the dispute, so the application for recusal must be dismissed.

Parties: Plaintiff: Bernard Gaynor; First Defendant: Local Court of New South Wales; Second Defendant: President of the New South Wales Civil and Administrative Tribunal; Third Defendant: President of the Anti-Discrimination Board of New South Wales; Fourth Defendant: Garry Burns; Intervener: Attorney General for New South Wales
Jurisdiction: Australia
Judgment Date: 09 May 2019
Procedural Posture: Civil / Application for Recusal (apprehended Bias)
Outcome: Application dismissed
Legal Topics: Apprehended Bias, Judicial Impartiality, Recusal Application

Civil Procedure Apprehended Bias Judicial Impartiality Recusal Application

Case Brief

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Parties

Bernard Gaynor

Plaintiff

Local Court of New South Wales

First Defendant

President of the New South Wales Civil and Administrative Tribunal

Second Defendant

President of the Anti-Discrimination Board of New South Wales

Third Defendant

Garry Burns

Fourth Defendant

Attorney General for New South Wales

Intervener

Procedural Posture

Civil / Application for Recusal (apprehended Bias)

Legal Issues

1 Whether the judge should disqualify himself for apprehended bias based on alleged political views of his tipstaff

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The application for the judge to disqualify himself on grounds of apprehended bias is dismissed.