Kremer v Schwartz [2003] NSWCA 86

New South Wales Court of Appeal

CITATION : Kremer v Schwartz [2003] NSWCA 86 HEARING DATE(S) : 08/04/02 JUDGMENT DATE : 8 April 2003

JUDGMENT OF : Meagher JA at 1, 9; Sheller JA at 7; Ipp JA at 8 DECISION : Appeal dismissed with costs.

CATCHWORDS : Conduct of trial judge after reservation of judgment - Reasonable apprehension of bias - Judge's wife shareholder in firm of which plaintiff's solicitor was director. Samuel Isaac Kremer PARTIES : v Jerry Leslie Schwartz FILE NUMBER(S) : CA 40026 of 2002 COUNSEL : A: I G Harrison SC & M F Galvin R: J D Hislop & P Gormly SOLICITORS : A: Whittens Lawyers & Consultants R: Turner Whelan Lawyers

LOWER COURT District Court JURISDICTION : LOWER COURT DC 6547 of 2000 FILE NUMBER(S) : LOWER COURT Downs DCAJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40026 of 2002

MEAGHER JA SHELLER JA IPP JA

Tuesday, 8 April 2003 SAMUEL ISAAC KREMER v JERRY LESLIE SCHWARTZ Judgment 1 MEAGHER JA: The plaintiff, the appellant, sued the defendant/respondent in respect of an accident which took place on 16 September 1997. Liability was not in issue, quantum was. The case was heard before Acting District Court Judge Downs on 25 and 26 October 2001 and judgment was delivered on 17 December 2001. The plaintiff obtained of at least eighteen thousand two hundred and fifty dollars although the precise figure seems to be somewhat in doubt. The plaintiff now appeals. 2 The sole ground of appeal is rather unusual and is as follows: "There arises a reasonable apprehension of bias in the conduct of the learned trial judge after completion of the evidence and whilst the matter had been reserved for judgment, such reasonable bias arising from and there follows a catalogue of alleged events".