Sellers v Marchant [2008] NSWSC 120

New South Wales Supreme Court

CITATION : Sellers v Marchant [2008] NSWSC 120

HEARING DATE(S) : 7 December 2007

JUDGMENT DATE : 26 February 2008

JUDGMENT OF : Price J at 1

DECISION : 1. Leave to appeal granted. 2. The matter be remitted back to the Chief Magistrate of New South Wales so that he might allocate it to another judicial officer of the Local Court to be heard and determined according to law. 3. Each party pay their own costs of this appeal.

CATCHWORDS : Civil Procedure - disqualification - reasonable apprehension of bias - costs.

LEGISLATION CITED : Local Courts Act 1982 s 74, s 74(2)(a), s 75, Suitors Fund Act 1951 s 6C

CATEGORY : Principal judgment

Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FLR 39 CASES CITED : Re J.R.L, Ex Parte C.J.L (1986) 161 CLR 342 Sellers v Marchant & Anor [2007] NSWSC 309

PARTIES : Raymond John Sellers John Marchant

FILE NUMBER(S) : SC 2007/13651

COUNSEL : P Aldridge SC and D Rayment (Plaintiff) R Winfield (Defendant)

SOLICITORS : Macedone Christie Willis (Plaintiff) Delwyn A Bishop (Defendant)

LOWER COURT JURISDICTION : Local Court

LOWER COURT JUDICIAL OFFICER : Bradd LCM

LOWER COURT DATE OF DECISION : 21 June 2007

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

26 February 2008

2007/13651 Raymond John Sellers v John Marchant & Anor

JUDGMENT 1 His Honour: The plaintiff seeks orders under ss 74 and 75 of the Local Courts Act 1982 for leave to appeal against the orders made on 21 June 2007 by the Magistrate and the setting aside of those orders.