Klewer v Rheinberger & Ors [2004] NSWSC 91

New South Wales Supreme Court

CITATION : Klewer v Rheinberger & Ors [2004] NSWSC 91 revised - 24/03/2004 HEARING DATE(S) : 4 February 2004 JUDGMENT DATE : 25 February 2004 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : The second defendant's Notice of Motion is stood over to the hearing of the application to vacate the interlocutory order of Dowd J. Costs are reserved.

CATCHWORDS : Summary dismissal - apprehension of bias and other matters - no question of principle. LEGISLATION CITED : Supreme Court Rules 1970, Pt 13. CASES CITED : N/A Lucy P Klewer (Plaintiff) v PARTIES : Peter Rheinberger (First Defendant) Attorney General for New South Wales (Second Defendant) Magistrates of New South Wales (Third Defendants) FILE NUMBER(S) : SC 13835 of 2001 N/A (Plaintiff) COUNSEL : N/A (First Defendant) M Allars (Second Defendant) N/A (Third Defendants) In Person (Plaintiff) I V Knight - Crown Solicitor - Submitting Appearance (First Defendant) SOLICITORS : I V Knight - Crown Solicitor (Second Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Third Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Master Malpass

Wednesday 25 February 2004

13835 of 2001 Lucy P Klewer v Peter Rheinberger & Ors

JUDGMENT 1 MASTER: The plaintiff is involved in seven proceedings which are presently pending in the Local Court at Coffs Harbour. The first defendant is the only permanent Magistrate at Coffs Harbour. 2 Following an application made by the plaintiff, the first defendant transferred all but one of the seven matters to the Downing Centre. The one proceeding that was not transferred has been referred to as the Social Security charge. 3 Subsequently, (in September or October 2001), the Deputy Chief Magistrate at the Downing Centre transferred the matters back to Coffs Harbour on the basis that they were to be heard by a Magistrate from Sydney. This order has not been the subject of any challenge. 4 On 5 December 2001, the Social Security charge again came before the first defendant. He was asked by the plaintiff to disqualify himself on the basis of apprehension of bias. He declined to do so. 5 On 14 December 2001, the plaintiff commenced a proceeding in this Court. Her Summons claims inter alia the following relief:- "1) An order that: The Respondent, Peter Rheinberger, L.C.M of Coffs Harbour Local Court be prevented from hearing any matters involving the Plaintiff Lucy P Klewer (sic)