Clarke v Herrick [2021] NSWCA 102

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v Herrick [2021] NSWCA 102 Hearing dates: 8 March 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Before: Macfarlan JA at [1]; White JA at [10] Decision: Application for leave to appeal dismissed with costs. Catchwords: APPEALS – leave to appeal – applicant alleged assaults and batteries perpetrated on her by respondents – primary judge rejected applicant's evidence and dismissed claims – need for applicant to show primary judge's findings glaringly improbable or contrary to compelling inferences – no arguable basis for concluding applicant had a prospect of success on appeal if leave were granted COURTS AND JUDGES – bias – application for recusal – ground of apprehended bias – judge made adverse ruling against applicant in previous litigation – applicant unable to identify why that might cause a reasonable bystander to apprehend that the judge might not bring an impartial mind to the resolution of the issues – judge declined to recuse himself Legislation Cited: Evidence Act 1995 (NSW), ss 97, 98 Cases Cited: Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Lee v Lee (2019) 266 CLR 129: [2019] HCA 28 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Sharmain Daisy Clarke v South East Sydney Health District (No 2) [2018] NSWCA 226 Sharmain Daisy Clarke v South Eastern Sydney Local Health District [2018] NSWCA 202 Category: Principal judgment Parties: Sharmain Daisy Clarke (Applicant) Julie Herrick (First Respondent) Susan Dale (Second Respondent) Representation: Counsel: Self-represented Applicant S Kettle (Respondents)