Simmons v New South Wales Trustee and Guardian [2014] NSWCA 144

Simmons v New South Wales Trustee and Guardian [2014] NSWCA 144

Prior involvement in an earlier interlocutory appeal concerning a different pleading and the exercise of discretion does not, in itself, establish a reasonable apprehension of bias warranting recusal from the current application.

Jurisdiction
Australia
Judgment Date
29 April 2014
Procedural Posture
Interlocutory Application / Application for Leave to Appeal—application for Recusal of Judge
Outcome
Application for recusal declined; Barrett JA will participate in the hearing of the application for leave to appeal.
Legal Topics
['courts and Judges' 'recusal']
['procedure'] ['courts and Judges' 'recusal']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Leave to Appeal—application for Recusal of Judge

Legal Issues

  1. 1 ['Whether Barrett JA should recuse himself from participation in the application for leave to appeal due to prior involvement in related proceedings']

Ratio Decidendi

Prior involvement in an earlier interlocutory appeal concerning a different pleading and the exercise of discretion does not, in itself, establish a reasonable apprehension of bias warranting recusal from the current application.

Court Disposition

Application for recusal declined; Barrett JA will participate in the hearing of the application for leave to appeal.

Orders

  • ['Barrett JA declines to disqualify himself from participation in the hearing of the application for leave to appeal.']