Lambourne v Baker (No 4) [2024] NSWCA 132

Lambourne v Baker (No 4) [2024] NSWCA 132

There was no basis for recusal as no reasonable apprehension of bias was established; no adjournment was warranted as issues had been clarified; no clerical error or slip justified varying the 2 March 2022 orders under the slip rule, nor was there inherent jurisdiction to do so; and, as the assessed appeal costs with interest matched the respondents’ entitlement under the original orders, payment out should be made accordingly.

Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Civil / Post Judgment Motions and Consequential Orders
Outcome
All applications except the amended notice of motion for payment out are dismissed; orders made for disbursement of funds held in Court; no order as to costs of the motions.
Legal Topics
['recusal Application' 'adjournment Application' 'variation of Orders' 'costs Assessment' 'payment Out of Court' 'slip Rule']
['civil Procedure'] ['recusal Application' 'adjournment Application' 'variation of Orders' 'costs Assessment' 'payment Out of Court' 'slip Rule']

Case Brief

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Procedural Posture

Civil / Post Judgment Motions and Consequential Orders

Legal Issues

  1. 1 ['Whether the judge should recuse himself for reasonable apprehension of bias' 'Whether an adjournment should be granted to the appellant' 'Whether to vary or reopen orders made on 2 March 2022 under the slip rule or inherent jurisdiction' 'Whether to order the payment out of the moneys paid into court and in what amounts']

Ratio Decidendi

There was no basis for recusal as no reasonable apprehension of bias was established; no adjournment was warranted as issues had been clarified; no clerical error or slip justified varying the 2 March 2022 orders under the slip rule, nor was there inherent jurisdiction to do so; and, as the assessed appeal costs with interest matched the respondents’ entitlement under the original orders, payment out should be made accordingly.

Court Disposition

All applications except the amended notice of motion for payment out are dismissed; orders made for disbursement of funds held in Court; no order as to costs of the motions.

Orders

  • ["Dismiss Lambourne's recusal application." "Dismiss Lambourne's adjournment application." "Dismiss respondents' application to reopen and vary the 2 March 2022 orders." 'Grant respondents leave to rely upon the amended notice of motion filed on 19 April 2024.' 'Order that the sum of $210,249.00 paid into Court on...