Gacic v John Fairfax Publications Pty Ltd [2012] NSWSC 793

Gacic v John Fairfax Publications Pty Ltd [2012] NSWSC 793

Given the reasonable apprehension that the trial judge might not bring an impartial mind due to prior findings, especially regarding damages, recusal is appropriate and necessary regardless of expense or delay.

Parties
First Plaintiff: Aleksandra Gacic; Second Plaintiff: Ljiljana Gacic; Third Plaintiff: Branislav Ciric; First Defendant: John Fairfax Publications Pty Ltd; Second Defendant: Matthew Evans
Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Procedural Ruling / Application for Recusal of Trial Judge After Remitter by Court of Appeal
Outcome
Application for recusal granted
Legal Topics
Disqualification, Bias, Apprehended Bias, Assessment of Damages
Civil Procedure Disqualification Bias Apprehended Bias Assessment of Damages

Case Brief

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Parties

Aleksandra Gacic

First Plaintiff

Ljiljana Gacic

Second Plaintiff

Branislav Ciric

Third Plaintiff

John Fairfax Publications Pty Ltd

First Defendant

Matthew Evans

Second Defendant

Procedural Posture

Procedural Ruling / Application for Recusal of Trial Judge After Remitter by Court of Appeal

Legal Issues

  1. 1 Whether the trial judge should recuse himself on grounds of reasonable apprehension of bias in reassessing damages

Ratio Decidendi

Given the reasonable apprehension that the trial judge might not bring an impartial mind due to prior findings, especially regarding damages, recusal is appropriate and necessary regardless of expense or delay.

Court Disposition

Application for recusal granted

Orders

  • Plaintiffs' application that I recuse myself granted.
  • Costs of the application to be costs in the proceedings.