Clark v Attorney General of New South Wales (No 2) [2020] NSWCA 135

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Attorney General of New South Wales (No 2) [2020] NSWCA 135 Hearing dates: On the papers Date of orders: 7 July 2020 Decision date: 07 July 2020 Before: Basten JA, Macfarlan JA, McCallum JA Decision: Dismiss the applicant's amended notice of motion seeking to reopen the judgment of the Court delivered on 30 April 2020. Catchwords: CRIME – appeal and review – powers of Supreme Court judge – review of decision to dismiss an application for an inquiry under the Crimes (Appeal and Review) Act 2001 (NSW), s 79(3) – whether judge who sat on an appeal from the applicant's conviction disqualified from sitting on judicial review proceeding PRACTICE AND PROCEDURE – bias rule – whether judge who sat on an appeal from the applicant's conviction disqualified from sitting on judicial review proceeding PRACTICE AND PROCEDURE – bias rule – whether reasons for final judgment can be relied on to sustain allegation of apprehended bias – whether reasons disclose actual bias Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Supreme Court Act 1970 (NSW), ss 69, 101, 110; Pt 7 Cases Cited: Clark v Attorney General of New South Wales [2020] NSWCA 70 Clark v R [2014] NSWCCA 236 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Michael Wilson & Partners Ltd v Nichols (2011) 244 CLR 427; [2011] HCA 48 Texts Cited: Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability, 6th ed, 2017, LawBook Co Category: Procedural and other rulings Parties: Peter Frederick Clark (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: Peter Frederick Clark (self-represented)