CM v Secretary, Department of Communities and Justice [2021] NSWCA 244

CM v Secretary, Department of Communities and Justice [2021] NSWCA 244

No arguable basis for recusal or for judicial review of the District Court's arrangements was established. The application to this Court was without merit and premature where relevant, and must be dismissed.

Jurisdiction
Australia
Judgment Date
12 October 2021
Procedural Posture
Judicial Review / Court of Appeal Judgment
Outcome
Summons dismissed with costs in favour of the first respondent.
Legal Topics
['recusal of Judge' 'judicial Review']
['courts and Judges'] ['recusal of Judge' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether Judge Olsson SC DCJ should be precluded from hearing the District Court appeal by CM' 'Whether CM is entitled to attend District Court hearings in person rather than by AVL']

Ratio Decidendi

No arguable basis for recusal or for judicial review of the District Court's arrangements was established. The application to this Court was without merit and premature where relevant, and must be dismissed.

Court Disposition

Summons dismissed with costs in favour of the first respondent.

Orders

  • ['The summons seeking judicial review is dismissed.' 'Costs in favour of the first respondent.']