Styles v Knox [2024] NSWSC 1331

Styles v Knox [2024] NSWSC 1331

Leave to appeal is refused because the applicant failed to establish a reasonable apprehension of bias or any error in the Magistrate's refusal to recuse himself; the complaint of bias was unsupported by admissible evidence and contradicted prior final determinations, and no issue of broader legal principle or injustice requiring leave was identified.

Parties
Plaintiff: Lynette Styles; First Defendant: Geoffrey Knox; Second Defendant: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal From Local Court Decision Refusing Recusal
Outcome
Leave to appeal refused
Legal Topics
Appeals—leave Requirement, Bias—recusal Application, Local Court Practice, Dividing Fences Act
Civil Procedure Appeals—leave Requirement Bias—recusal Application Local Court Practice Dividing Fences Act

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Parties

Lynette Styles

Plaintiff

Geoffrey Knox

First Defendant

Local Court of New South Wales

Second Defendant

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal From Local Court Decision Refusing Recusal

Legal Issues

  1. 1 Whether the refusal of a recusal application in the Local Court can be appealed to the Supreme Court
  2. 2 Whether leave to appeal should be granted from the refusal to recuse
  3. 3 Whether the Magistrate displayed apprehended bias

Ratio Decidendi

Leave to appeal is refused because the applicant failed to establish a reasonable apprehension of bias or any error in the Magistrate's refusal to recuse himself; the complaint of bias was unsupported by admissible evidence and contradicted prior final determinations, and no issue of broader legal principle or injustice requiring leave was identified.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused.
  • Unless the parties approach to be heard within 7 days with short written submissions, Ms Styles is to bear Mr Knox's costs of this application for leave to appeal, as agreed or assessed.