Makucha v Sydney Water Corporation [2011] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makucha v Sydney Water Corporation [2011] NSWCA 234 Hearing dates: 8 August 2011 Decision date: 08 August 2011 Before: Basten JA Decision: (1) Dismiss the application for a stay of the proceedings presently pending in the Equity Division before his Honour Sackar J, being proceedings between Sydney Water Corporation and Mr Paul Makucha. (2) Pursuant to Uniform Civil Procedure Rule, r 13.4, dismiss the summons filed by Mr Makucha on 5 August 2011. (3) Order Mr Makucha to pay the costs of Sydney Water Corporation in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - relief in nature of prohibition - amenability of judge of Supreme Court to such relief - reasonable apprehension of bias - relief by way of appeal - discretionary considerations

JUDGES - State Supreme Court - no duty to answer questions from litigants - allegation of beliefs inconsistent with oath of office

PROCEDURE - prohibition sought against trial judge in Supreme Court - stay pending hearing - dismissal of application for final relief Legislation Cited: Judicial Officers Act 1986 (NSW), s 15 Supreme Court Act 1970 (NSW), ss 22, 23 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Barton v Walker (1979) 2 NSWLR 740 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; 85 ALJR 348 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action (4th ed, 2009) [2.60]-[2.65], [12.60] Jae Kyung Lee v Bob Chae-Sang Cha [2008] NSWCA 13 Category: Principal judgment Parties: Paul Makucha - Applicant