Liristis v Insurx Pty Ltd (No 2) [2021] NSWLC 13

Liristis v Insurx Pty Ltd (No 2) [2021] NSWLC 13

The applications for change of venue and for recusal failed because the plaintiff failed to establish exceptional circumstances justifying a venue change, having himself chosen the original venue, and his submissions for recusal were unsupported by credible or specific evidence of actual or apprehended bias; his assertions were found to be unfounded and, in context, an attempt to select a more favourable forum or judicial officer. Additionally, the apparent impropriety in affidavit execution warranted referral to authorities.

Parties
Plaintiff: Tony Liristis; First Defendant: Insurx Pty Ltd; Second Defendant: RAC Insurance Pty Limited; Third Defendant: UbiCar Insurance Pty Limited (under external administration)
Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Civil / Interlocutory Application (summary Judgment, Change of Venue, Recusal)
Outcome
Applications dismissed/refused; referral to police for possible false document charges.
Legal Topics
Change of Venue, Recusal for Bias, Affidavit Irregularities, Summary Judgment
Civil Procedure Change of Venue Recusal for Bias Affidavit Irregularities Summary Judgment

Case Brief

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Parties

Tony Liristis

Plaintiff

Insurx Pty Ltd

First Defendant

RAC Insurance Pty Limited

Second Defendant

UbiCar Insurance Pty Limited (under external administration)

Third Defendant

Procedural Posture

Civil / Interlocutory Application (summary Judgment, Change of Venue, Recusal)

Legal Issues

  1. 1 Whether the venue should be changed from Fairfield Local Court to Campbelltown Local Court.
  2. 2 Whether the Magistrate should disqualify himself for actual or apprehended bias.
  3. 3 Whether the plaintiff engaged in impropriety in making, using and filing affidavits with copied and pasted jurat clause.

Ratio Decidendi

The applications for change of venue and for recusal failed because the plaintiff failed to establish exceptional circumstances justifying a venue change, having himself chosen the original venue, and his submissions for recusal were unsupported by credible or specific evidence of actual or apprehended bias; his assertions were found to be unfounded and, in context, an attempt to select a more favourable forum or judicial officer. Additionally, the apparent impropriety in affidavit execution warranted referral to authorities.

Court Disposition

Applications dismissed/refused; referral to police for possible false document charges.

Orders

  • The Plaintiff's Notice of Motion dated 8 October 2021 (filed 12 October 2021) is dismissed.
  • The Plaintiff's oral application to disqualify the Magistrate is refused.