Polsen v Harrison (No. 3) [2021] NSWSC 125

Polsen v Harrison (No. 3) [2021] NSWSC 125

The application for a stay is refused because there is uncertainty whether a refusal to recuse alone constitutes an appellable order, and established authority requires caution. The balance of convenience does not favour a stay; there is no compelling reason to exercise discretion to stay proceedings, and case management obligations require the trial to proceed unless and until proper grounds for interruption arise.

Jurisdiction
Australia
Judgment Date
22 February 2021
Procedural Posture
Application for Stay of Proceedings / Interlocutory Application During Trial
Outcome
Application for stay refused
Legal Topics
['stay of Proceedings' 'recusal Application' 'leave to Appeal' 'apprehended Bias' 'case Management']
['civil Procedure'] ['stay of Proceedings' 'recusal Application' 'leave to Appeal' 'apprehended Bias' 'case Management']

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Procedural Posture

Application for Stay of Proceedings / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether a stay of proceedings should be granted pending an application for leave to appeal the refusal to recuse the trial judge' 'Whether refusal to recuse alone is capable of being the subject of an interlocutory appeal' 'Appropriate exercise of discretion to grant or refuse a stay']

Ratio Decidendi

The application for a stay is refused because there is uncertainty whether a refusal to recuse alone constitutes an appellable order, and established authority requires caution. The balance of convenience does not favour a stay; there is no compelling reason to exercise discretion to stay proceedings, and case management obligations require the trial to proceed unless and until proper grounds for interruption arise.

Court Disposition

Application for stay refused

Orders

  • ["The plaintiff's application for a stay of proceedings is refused."]