Colquhoun v Magistrate Guy [2010] NSWSC 235

Colquhoun v Magistrate Guy [2010] NSWSC 235

None of the Magistrate's rulings, whether considered individually or collectively, constituted bias or a reasonable apprehension of bias, and thus no order for certiorari or prohibition was warranted.

Jurisdiction
Australia
Judgment Date
01 April 2010
Procedural Posture
Summons (application for Prerogative Writ) / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['prerogative Writs' 'certiorari' 'prohibition' 'judicial Bias' 'evidentiary Rulings' 'apprehended Domestic Violence Order']
['administrative Law' 'criminal Law'] ['prerogative Writs' 'certiorari' 'prohibition' 'judicial Bias' 'evidentiary Rulings' 'apprehended Domestic Violence Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summons (application for Prerogative Writ) / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Magistrate was biased against the plaintiff as alleged.' 'Whether the procedural and evidentiary rulings of the Magistrate indicated bias or unfairness.']

Ratio Decidendi

None of the Magistrate's rulings, whether considered individually or collectively, constituted bias or a reasonable apprehension of bias, and thus no order for certiorari or prohibition was warranted.

Court Disposition

Application dismissed

Orders

  • ['The summons is dismissed.' "The Plaintiff is to pay the Second Defendant's costs."]