Clark v Attorney General for New South Wales (No. 2) [2023] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Attorney General for New South Wales (No. 2) [2023] NSWCA 3 Hearing dates: On the papers Decision date: 03 February 2023 Before: Macfarlan JA; White JA; Mitchelmore JA Decision: Notice of motion filed on 14 November 2022 is dismissed with costs Catchwords: PRACTICE AND PROCEDURE — Application for judges not to hear notice of motion seeking to set aside an order made by the same judges — actual or apprehended bias — application for disqualification rejected PRACTICE AND PROCEDURE — Application to set aside order dismissing summons for judicial review of judge's decision refusing application for inquiry into convictions — no misapprehension of facts or law — application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 78 Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) Cases Cited: Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300; [1993] HCA 6 Clark v Attorney General for New South Wales [2022] NSWCA 231 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Jia Legeng (2017) 205 CLR 507; [2001] HCA 17 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 REGINA v PFC [2011] NSWCCA 117 Wood v State of New South Wales [2018] NSWSC 1247 Category: Consequential orders Parties: Peter Frederick Clark (Applicant) Attorney General for New South Wales (First Respondent) Supreme Court of New South Wales (Second Respondent) Representation: Counsel: Applicant unrepresented R McEwen (First Respondent)