An Application by the Council of the City of Sydney (No. 3) [2021] NSWSC 1423

Supreme Court New South Wales

Medium Neutral Citation: An Application by the Council of the City of Sydney (No. 3) [2021] NSWSC 1423 Hearing dates: 4 November 2021 Date of orders: 4 November 2021 Decision date: 04 November 2021 Jurisdiction: Equity - Applications List Before: Slattery J Decision: The application for recusal is dismissed. Costs are reserved. 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 alleged that the judgment demonstrated apprehended bias against them – an oral application for recusal was made and refused – on an adjourned date, a further application for recusal was made concerning the conduct of the Court on the day that the first recusal application was made and in the proceedings generally – need for separation out of issues for determination on the first and second recusal applications – what issues should be considered in the second recusal application and what issues have already been dealt with in the first recusal application – whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the questions to be decided. Cases Cited: An Application by the Council of the City of Sydney [2021] NSWSC 979 An Application by the Council of the City of Sydney (No. 2) [2021] NSWSC 1330 Charisteas v Charisteas (2021) 393 ALR 389 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: