Jae Kyung LEE v Bob Chae-Sang CHA & ORS [2008] NSWCA 13

New South Wales Court of Appeal

CITATION: Jae Kyung LEE v Bob Chae-Sang CHA & ORS [2008] NSWCA 13

HEARING DATE(S): 7 February 2008

JUDGMENT DATE: 26 February 2008

JUDGMENT OF: Hodgson JA at 1; Basten JA at 6; Bell JA at 97

(1) Dismiss the application for leave to appeal from the decision of Gibson DCJ to continue to hear the proceedings.

(2) Dismiss the application for an order in the nature of prohibition restraining Gibson DCJ from continuing to hear the proceedings. DECISION: (3) Order the Applicant to pay the First Respondent's costs of the proceedings in this Court.

(4) Otherwise dismiss the amended ordinary summons filed on 12 December 2007.

CATCHWORDS: JUDGES – disqualification – apprehended bias – whether judge indicated prejudgment as to character and credibility of witness – fair minded lay observer – distinction between active case management and expression of tentative views on substantive issues – conduct of judge in relation to litigant in person - JURISDICTION – appeal from refusal by District Court judge to disqualify himself or herself – judgment or order of judge –District Court Act 1973 (NSW) s 127 - PREROGATIVE RELIEF – prohibition – discretionary relief – intervention in proceedings at interlocutory stage – availability of appeal from final determination in District Court - WORDS & PHRASES – "judgment or order" – District Court Act 1973 (NSW) s 127 – "fair-minded lay observer"

Constitution, s 75(v) Criminal Appeal Act 1912 (NSW), s 5F LEGISLATION CITED: Defamation Act 1974 (NSW), s 7A District Court Act 1973 (NSW), s 127 Judicial Officers Act 1986 (NSW) Supreme Court Act 1970 (NSW), ss 69, 101