Sebie v Krejci (No 2) [2023] NSWCA 220

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Krejci (No 2) [2023] NSWCA 220 Hearing dates: On the papers Date of orders: 13 September 2023 Decision date: 13 September 2023 Before: Basten AJA Decision: Decline recusal request Catchwords: PRACTICE AND PROCEDURE – application for recusal – claim of prejudgment – no basis for claim presented – request refused Cases Cited: Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Category: Procedural rulings Parties: Robert Sebie (First applicant) Ronald Jemmott (Second applicant) Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (First respondent) Representation: Counsel: M L Rose (First respondent)

Solicitors: ERA Legal (First respondent) File Number(s): 2023/115895 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division / Common Law Division Citation: [2022] NSWSC 54 (Black J); [2022] NSWSC 1478 (Black J); [2023] NSWSC 162 (Ierace J) Date of Decision: 21-22 October 2022; 15 August 2022; 27 January 2022; 6 January 2023; 28 February 2023 Before: Black J; Ierace J File Number(s): 2021/303982; 2022/32115

[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.]