Flowers v State of New South Wales [2022] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Flowers v State of New South Wales [2022] NSWCA 29 Hearing dates: 24 February 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Before: Beech-Jones JA Decision: Beech-Jones JA declines to disqualify himself Catchwords: APPREHENED BIAS – previous dismissal of motion in proceedings at first instance – no question of principle Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Flowers v State of New South Wales, (Supreme Court, 29 July 2021, unrep) Flowers v State of New South Wales [2022] NSWCA 28 Category: Consequential orders Parties: Mark Stephen Flowers (Applicant) State of New South Wales (Respondent) Representation: Counsel: Applicant self-represented Mr N Newton (Respondent)

Solicitors: McCabes Lawyers (Respondent) File Number(s): 2021/240205 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2021] NSWSC 887 Date of Decision: 22 July 2021 Before: Rothman J File Number(s): 2019/117371

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]