Simon Monteiro (Monterio) v Commissioner of Police [2023] NSWSC 1651

Supreme Court New South Wales

Medium Neutral Citation: Simon Monteiro (Monterio) v Commissioner of Police [2023] NSWSC 1651 Hearing dates: 15 December 2023 Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) I am disqualified from hearing the matter as the result of apprehended bias. (2) Adjourn the matter for hearing before Justice Weinstein at 11 am on 18 December 2023. (3) Parties to bear their own costs. Catchwords: CIVIL LAW – extended supervision order – application to vary or revoke order – where defendant subject of order seeks to travel interstate – subjective assessment as to quality of judges – opinions may differ – disclosure that judge appeared for defendant in criminal proceedings when a barrister – apprehended bias – judge disqualified from further hearing the application Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), s 8 Crimes (High Risk Offenders) Act 2006 (NSW), s 11(2) Cases Cited: Manna v State of New South Wales [2021] NSWSC 1220 State of New South Wales v Carr [2020] NSWSC 643 Category: Procedural rulings Parties: Simon Monteiro (Monterio) (Applicant) Police Commissioner of NSW (Respondent) Representation: Simon Monteiro (Monterio) (self-represented) (Applicant) Crown Solicitor's Office (NSW) (Respondent) File Number(s): 2023/454715 Publication restriction: Non-publication order over two names and any members of their family on an interim basis until Monday 18 December 2023.