Gillies v State of New South Wales (No 3) [2024] NSWSC 1058

Supreme Court New South Wales

Medium Neutral Citation: Gillies v State of New South Wales (No 3) [2024] NSWSC 1058 Hearing dates: 20 August 2024, 21 August 2024 Date of orders: 21 August 2024 Decision date: 23 August 2024 Jurisdiction: Common Law Before: Garling J Decision: 1. Dismiss the application made by plaintiff that I recuse myself from hearing the Notices of Motions presently listed before me. 2. Order the plaintiff to pay the costs of each defendant of the application. Catchwords: COURTS AND JUDGES – Bias – Application for recusal – Actual bias – Apprehended bias – Application for recusal on the basis that the Judge had previously made findings adverse to the plaintiff – Whether the two previous judgments were grounds for establishing actual bias or a reasonable apprehension of bias – Recusal application refused as no actual bias or reasonable apprehension of bias was established. Legislation Cited: Bankruptcy Act 1966 (Cth) Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Dey v Victorian Railways Commissioner [1948] HCA1; (1948) 78 CLR 62 Fancourt v Mercantile Credit Ltd [1983] HCA 25; (1983) 154 CLR 87 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Gillies v State of New South Wales & Ors [2022] NSWSC 640 Gillies v State of New South Wales & Ors (No 2) [2022] NSWSC 968 Gillies v The Queen [2022] HCA SL 138 GILLIES, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392 Michael Wilson & Partners Ltd v Nicholls & Ors [2011] HCA 48; (2011) 244 CLR 427 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Spencer v The Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Texts Cited: Not Applicable Category: Procedural rulings Parties: Max Perry Gillies (P) State of New South Wales (D1) Commonwealth of Australia (D2) Representation: Counsel: Self Represented (P) T Buterin (D1) M Sherman (D2)