Polsen v Harrison (No. 2) [2021] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: Polsen v Harrison (No. 2) [2021] NSWSC 111 Hearing dates: 18 February 2021 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Common Law Before: Lonergan J Decision: I decline to recuse myself. Catchwords: PRACTICE & PROCEDURE – application for recusal of presiding judge at trial on grounds of apprehended bias – comments made about liability conclave process and arrangements made by the parties – context of application by plaintiff to significantly amend Statement of Claim on day 3 of trial – proposed deployment of problematic conclave report in support of application to amend Legislation Cited: Uniform Civil Procedures Rules 2005 (NSW) Cases Cited: Michael Wilson & Partners Limited v Robert Colin Nicholls & Ors (2011) 244 CLR 427; [2011] HCA 48 Reid v Commercial Club (Albury) Limited [2014] NSWCA 98 CNY17 v Minister for Immigration and Border Protection & Anor [2019] HCA 50 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; (2006); [2006] HCA 55; Johnson v Johnson (2000) 201 CLR 488 Chamoun v District Court of New South Wales [2018] NSWCA 187 British American Tobacco Australia Services Ltd v Laurie (2011)242 CLR 283 Barakat v Goritsas (No 2) [2012] NSWCA 36 Wehbe v Minister for Home Affairs (2018) 361 ALR1 Category: Procedural rulings Parties: Katrina Marie Polsen (Plaintiff) Dr Harrison (Defendant) Representation: Counsel: A J Bartley SC / JA Hillier (Plaintiff) M Windsor SC / M Hutchings (Defendant)