Clark v Attorney General of New South Wales (Recusal Application No 2) [2023] NSWCA 209

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Attorney General of New South Wales (Recusal Application No 2) [2023] NSWCA 209 Hearing dates: 22 August 2023 Decision date: 22 August 2023 Before: Basten AJA Decision: Refusal of recusal application Catchwords: PRACTICE AND PROCEDURE – recusal application – reasonable apprehension of bias – earlier rulings unfavourable to applicant in related proceedings – court limited to determining errors of law – no basis to find that a fair-minded lay observer might think that the judge might not bring an impartial mind to the determination of the case PRACTICE AND PROCEDURE – prohibition on judge sitting on appeal from own judgment – judicial review of decision of different judge – whether judicial review an "appeal" within Supreme Court Act 1970 (NSW), s 110 – whether claim that decision under review wrongly concluded that the matter had been dealt with in earlier judgment constituted an appeal from the earlier judgment Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 7, s 79(3) Supreme Court Act 1970 (NSW), s 110 Cases Cited: Ex parte Parsons; Re Suitors' Fund Act (1952) 69 WN (NSW) 380 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Category: Procedural rulings Parties: Peter Frederick Clark (Applicant in person) Attorney General of New South Wales (First Respondent) Supreme Court of New South Wales (Second Respondent) File Number(s): 2023/147395 Publication restriction: N/A Decision under review Court or tribunal: Supreme Court Jurisdiction: Criminal - administrative Citation: [2023] NSWSC 445 Date of Decision: 27 April 2023 Before: Sweeney J File Number(s): 2022/318414; 2023/5335