O’Shanassy v Turland [2021] NSWDC 269

District Court New South Wales

Medium Neutral Citation: O'Shanassy v Turland [2021] NSWDC 269 Hearing dates: 18 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) I disqualify myself from hearing the proceedings. (2) The hearing date of 2 August 2021 is confirmed. (3) The parties are to file a Joint Statement of Issues on or before 5pm on 12 July 2021. (4) The parties are to file and serve an index to their tender bundles on or before 5pm on 12 July 2021. (5) The parties are to file (2 copies) and serve their tender bundles on or before 5pm on 16 July 2021. (6) The plaintiff is to file and serve a chronology on or before 5pm on 23 July 2021. (7) The parties are to file and serve an outline of submissions on or before 5pm on 23 July 2021. Catchwords: COURTS AND JUDGES — Bias — Apprehended bias - Disqualification Cases Cited: Chamoun v District Court of New South Wales [2018] NSWCA 187 Gair and Turland v Greenwood [2020] NSWDC 586 Category: Procedural rulings Parties: Paul O'Shanassy (Plaintiff) Gary Turland (Defendant) Representation: Counsel: R Rasmussen (Plaintiff) T Senior (Defendant)

Solicitors: Agility Legal (Plaintiff) RGSLAW (Defendant) File Number(s): 2017/384953 Publication restriction: None

Judgment

Introduction 1. On 1 October 2020 I made orders in favour of the defendant in proceedings brought by him for defamation and arising from his conduct as an elected councillor of Wingecarribee Shire Council, in Gair and Turland v Greenwood [2020] NSWDC 586 (Greenwood). 2. The plaintiff in these proceedings seeks an order that I disqualify myself on the basis of apprehended bias. 3. The matter is listed for hearing commencing on 2 August 2021 with a 5 day estimate.