KLEWER v RHEINBERGER [2003] NSWSC 102

New South Wales Supreme Court

CITATION : KLEWER v RHEINBERGER [2003] NSWSC 102 HEARING DATE(S) : 24 February 2003 JUDGMENT DATE : 24 February 2003

JUDGMENT OF : Levine J DECISION : 1. The order I therefore make is that to which I have referred, namely, that the respondent no longer hear that matter which was before him between the Department of Social Security and Lucy Patricia Klewer on 4 December 2001. I add it will be a matter for the administration of Local Courts Coffs Harbour or Sydney for it to be re-listed.; 2. I think this is a case where I cannot make any order for your expenses against the Attorney-General and I decline to do so.

CATCHWORDS : Joinder of Attorney-General as contradictor - Local Court Magistrate - disqualification - exceptional circumstances LEGISLATION CITED : Supreme Court Act 1970 s23 Klewer v Dutch (2000) 99 FCA 217 Johnson v Johnson (2000) 201 CLR 488 CASES CITED : Raybos Australia Pty Limited v Tectran Corp Pty Ltd (1986) 6 NSWLR 272 Re JRL; ex parte CJL (1986) 161 CLR 342 Wentworth v Wentworth (unreported 12 September 1996) LUCY P KLEWER (Plaintiff)

PARTIES : v

PETER RHEINBERGER (Defendant) FILE NUMBER(S) : SC 13835 OF 2001 Plaintiff - in person COUNSEL : A Johnson (Defendant)

SOLICITORS : I V Knight (Defendant)

- 6 - Ex tempore - revised IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION