Charmyne Palavi v Radio 2ue Sydney Pty Limited [2011] NSWDC 13

District Court New South Wales

Medium Neutral Citation: Charmyne Palavi v Radio 2ue Sydney Pty Limited [2011] NSWDC 13 Hearing dates: 18 February 2011 Decision date: 18 February 2011 Before: Colefax SC DCJ Decision: (1) I direct the matter be listed for mention before the Civil General List judge at 9.30am on 1 September 2011. (2) I grant liberty to apply to the Civil General List judge on three days notice if the Court of Appeal determines the issues raised on the summons before that date. (3) Costs of this notice of motion are to be costs in the cause. (4) I disqualify myself from presiding at the hearing of this action. (5) I direct that a copy of these remarks be transcribed as soon as possible. Catchwords: Application to Judge to disqualify - Reasonable apprehension of pre-judgment - Review by a Trial Judge of interlocutory Judgment of Another Judge as to whether imputations arise - Defamation List Case Management Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia ltd v The Australian National University [2009] HCA 27 McMahon v John Fairfax Publications Proprietary Limited [2010] NSWCA 308 British American Tobacco Australia Services ltd v Laurie [2009] NSWCA 414 British American Tobacco Australia Services ltd v Laurie [2011] HCA 2 Category: Procedural and other rulings Parties: Charmyne Palavi (Plaintiff) Radio 2ue Sydney Pty Limited (Defendant) Representation: Mr. Evatt (Plaintiff) Ms. Sibtain (Defendant) File Number(s): 2009/00336332002