Gillies v His Honour Judge Solomon DCJ [2024] NSWCA 146

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gillies v His Honour Judge Solomon DCJ [2024] NSWCA 146 Hearing dates: 11 June 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Before: Ward P and Payne JA Decision: (1) Leave to appeal is refused. (2) Applicant to pay the respondents' costs of the application for leave to appeal. Catchwords: APPEALS – Leave to appeal – application for jury trial of motions seeking summary relief – allegation of actual bias – whether jury trial can be ordered for interlocutory matter involving no factual questions – no issue of principle Legislation Cited: Supreme Court Act 1970 (NSW) s 85 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Gillies v State of New South Wales & Ors [2022] NSWSC 640 Gillies v The Legal Aid Commission of New South Wales [2020] NSWSC 505 Kowalski v MMAL Staff Superannuation Fund Pty Ltd [2009] FCAFC 117 Macatangay v New South Wales (No 2) [2009] NSWCA 272 Maroubra Rugby League Football Club Inc v Malo (2007) 69 NSWLR 496 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Patton v Buchanan Borehole Collieries Pty Limited (1993) 178 CLR 15; [1993] HCA 23 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Smith v Roach (2006) 227 CLR 423; [2006] HCA 36 Category: Principal judgment Parties: Max Perry Gillies (applicant) His Honour Judge Ronald Solomon DCJ (first respondent) State of New South Wales (second respondent) Commonwealth of Australia (third respondent) Representation: Counsel: