An Application by the Council of the City of Sydney (No. 2) [2021] NSWSC 1330

Supreme Court New South Wales

Medium Neutral Citation: An Application by the Council of the City of Sydney (No. 2) [2021] NSWSC 1330 Hearing dates: 18 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Equity - Applications List Before: Slattery J Decision: The recusal application is dismissed. The stay application is dismissed. Further directions and notations made. Catchwords: COURTS AND JUDGES — Bias — Application for recusal – Apprehended bias – the Court delivers an interlocutory judgment in August 2021 – that judgment deals with two Motions relating to monies paid into Court – the applicants allege that the judgment demonstrates apprehended bias against them – an oral application for recusal is made – whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the questions the judge is required to decide – that application is denied for the reasons given in this judgment – the applicants further argue the proceedings should be stayed pending the filing of an appeal against the refusal of the recusal application – whether a stay should be granted – a stay is refused for the reasons given in this judgment. Legislation Cited: Corporations Act 2001, s 601AH(2) Local Government Act 1993, ss 720, 725 Trustee Act 1925, Part 4 Uniform Civil Procedure Rules 2005, rr 55, 55.9 Cases Cited: An Application by the Council of the City of Sydney [2021] NSWSC 979 Ebner v Official Trustee (2000) 205 CLR 337 Category: Procedural rulings Parties: Plaintiff: The Council of the City of Sydney Applicants: Celia McAndrew & Christian Roger de Robillard Representation: Counsel: