NSW Caselaw
New South Wales Supreme Court
CITATION : Attorney General of New South Wales v Bar-Mordecai [2009] NSWSC 117 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19 February 2009 JURISDICTION : Common Law
JUDGMENT OF : Rothman J
EX TEMPORE JUDGMENT DATE : 19 February 2009
DECISION : 1. Disqualification application granted. 2. Matter adjourned to be heard before another Judge at 11.45am.
CATCHWORDS : COURTS & JUDGES – apprehended bias – previous advice given by judicial officer to party seeking disqualification – advice said to be on matter relevant to application – judicial officer not to descent into factual contest – requirement on counsel to advise of application prior to hearing to assist administration of justice – application to disqualify granted
CATEGORY : Procedural and other rulings
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Livesey v the New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 CASES CITED : R v Watson; Ex parte Armstrong [1976] HCA 39; (1976) 136 CLR 248 Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Re Polites; Ex Parte Hoyts Corporation Pty Ltd [1991] HCA 25; (1991) 100 ALR 634 S & M Motor Repairs Pty Ltd v Caltex Oil (Australia) Pty Ltd (1988) 12 NSWLR 358
PARTIES : Attorney General of New South Wales (Plaintiff) Michael Jacob Bar-Mordecai (Defendant)
FILE NUMBER(S) : SC 10622/2004
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