Clark v Attorney General for New South Wales [2023] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Attorney General for New South Wales [2023] NSWCA 212 Hearing dates: 22 August 2023 Date of orders: 22 August 2023 Decision date: 22 August 2023 Before: White JA Decision: Application for disqualification refused Catchwords: ADMINISTRATIVE LAW — Bias rule — Particular factual matter giving rise to alleged bias — Prejudgment — Whether prior involvement on judicial review of refusal of prior application for review into conviction under s 78 of Crimes (Appeal and Review) Act 2001 (NSW) evinces reasonable apprehension of prejudgment of subsequent application for judicial review of refusal to inquire into conviction — Disqualification application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Supreme Court Act 1970 (NSW), s 110(1) Cases Cited: Application by Peter Frederick Clark pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1364 Applications by Peter Frederick Clark under Part 7 Crimes (Appeal and Review) Act 2001 [2023] NSWSC 445 Clark v Attorney General of New South Wales & Anor [2023] HCASL 21 Clark v Attorney General for New South Wales (No 2) [2023] NSWCA 3 Clark v Attorney General for New South Wales [2022] NSWCA 231 Clark v Attorney General of New South Wales [2020] NSWCA 70 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; (2023) 97 ALJR 419 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 R v Commonwealth Conciliation and Arbitration Commission; Ex parte The Angliss Group (1969) 122 CLR 546; [1969] HCA 10 Category: Procedural rulings Parties: Peter Frederick Clark (Applicant) Attorney General for New South Wales (First Respondent) Supreme Court of New South Wales (Second Respondent) Representation: Counsel: Applicant self-represented I Fraser (First Respondent)