Gabriel v Grech (No 4) [2020] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Gabriel v Grech (No 4) [2020] NSWSC 726 Hearing dates: On the papers Decision date: 11 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the second defendant's application that I recuse myself from hearing the balance of the matter.

(2) Reserve the costs of the application. Catchwords: CIVIL PROCEDURE — Request for disqualification — where second defendant made application that judge should disqualify herself because of apprehended bias — whether statements made during course of hearing would lead to reasonable apprehension of bias — where first defendant did not appear at hearing of appeal — where directions made to notify first defendant of outcome of appeal Legislation Cited: Local Court Act 2007 (NSW), ss 39, 40 Cases Cited: Bainton v Rajski (1992) 29 NSWLR 539 Chamoun v District Court of New South Wales [2018] NSWCA 187 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gabriel v Grech (No 3) [2020] NSWSC 218 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438; [2002] HCA 51 Re Refugee Tribunal; Ex Parte H [2001] HCA 28; 75 ALJR 982 Studer v Konig (Supreme Court (NSW), McLelland CJ at Eq, 4 June 1993, unrep) Category: Procedural and other rulings Parties: Joseph Gabriel (Plaintiff) Paul Grech (First Defendant) Drive My Car Rentals Pty Ltd (Second Defendant) Mark Gabriel (Third Defendant) Representation: Counsel: S A Baron Levi (Plaintiff) M Ashurst SC / P Barham (Second Defendant)