Gacic v John Fairfax Publications Pty Ltd [2012] NSWSC 793

Supreme Court New South Wales

Medium Neutral Citation: Gacic v John Fairfax Publications Pty Ltd [2012] NSWSC 793 Hearing dates: 28 June 2012 Decision date: 10 July 2012 Before: Harrison J Decision: 1. Plaintiffs' application that I recuse myself granted. 2. Costs of the application to be costs in the proceedings. Catchwords: PROCEDURE - courts and judges generally - disqualification - bias - apprehended bias - prior assessment of damages - plaintiffs appealed to the Court of Appeal on liability only - appeal allowed - remitter by Court of Appeal to Common Law Division for "assessment of damages" - application by plaintiffs that trial judge recuse himself - whether reasonable apprehension of bias - application granted Cases Cited: Australian National Industries Ltd v Spedley Securities Ltd (in liq) and others (1992) 26 NSWLR 411 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; (2011) 242 CLR 283 Gacic v John Fairfax Publications Pty Ltd [2011] NSWCA 362 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 Category: Procedural and other rulings Parties: Aleksandra Gacic (First Plaintiff) Ljiljana Gacic (Second Plaintiff) Branislav Ciric (Third Plaintiff) John Fairfax Publications Pty Ltd (First Defendant) Matthew Evans (Second Defendant) Representation: C A Evatt with C J Dibb (Plaintiffs) D R Sibtain (Defendants) McKenzie Leamey Solicitors & Barristers (Plaintiffs) Banki Haddock Fiora (Defendants) File Number(s): 2004/176936