Makucha v Sydney Water Corporation (No 2) [2011] NSWCA 249

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makucha v Sydney Water Corporation (No 2) [2011] NSWCA 249 Hearing dates: 22 August 2011 Decision date: 22 August 2011 Before: Basten JA Decision: 1. Motion to stay the proceedings in the Equity Division pending determination of the application for leave to appeal refused. 2. Applicant to pay the costs of the motion for a stay. [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: JUDGES - disqualification - apprehended bias - allegation based on supposed religious beliefs of judge - need for strong case where interlocutory intervention sought - whether proper for judge to rule on own recusal

PROCEDURE - civil - motion to stay trial proceedings pending appeal - apprehended bias - alleged conduct of judge during hearing - prospects of success on leave application - disadvantages of granting and refusing stay Cases Cited: Caperton v AT Massey Coal Company Inc 129 S Ct 2252 (2009) Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd [2006] HCA 55; 229 CLR 577 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Lee v Cha [2008] NSWCA 13 Category: Procedural and other rulings Parties: Paul Makucha - Applicant