NSW Caselaw
New South Wales Court of Appeal
CITATION: John Fairfax Publications Pty Ltd v Maurice Kriss [2007] NSWCA 79
HEARING DATE(S): 26 March 2007
JUDGMENT DATE: 4 April 2007
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 1; Handley AJA at 1
DECISION: (1) Appeal allowed with costs.; (2) Judgment of the Common Law Division set aside.; (3) Order that there be a new trial of the action before another judge of the Division.; (4) The costs of the first trial are to abide the order of the judge presiding at the second trial.; (5) The respondent is to have a certificate under the Suitors' Fund Act 1951.
CATCHWORDS: COURTS & JUDGES – disqualification of judge – apparent bias - waiver
Antoun v The Queen (2006) 80 ALJR 497 Beinstein v Beinstein (2003) 195 ALR 225 CASES CITED: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Johnson v Johnson (2000) 201 CLR 488 Vakauta v Kelly (1989) 167 CLR 568
PARTIES: John Fairfax Publications Pty Ltd (Appellant) Maurice Kriss (Respondent)
FILE NUMBER(S): CA 40530 of 2006
COUNSEL: T Blackburn SC/R Glasson (Appellant) C A Evatt/C J Dibb (Respondent)
SOLICITORS: Freehills (Appellant) H M Symonds & Britten (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20535 of 2002
LOWER COURT JUDICIAL OFFICER: Adams J
LOWER COURT DATE OF DECISION: 28 July 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 758
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40530 of 2006
HODGSON JA IPP JA HANDLEY AJA
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