Harris v Bellemore (No 4) [2012] NSWSC 878

Supreme Court New South Wales

Medium Neutral Citation: Harris v Bellemore (No 4) [2012] NSWSC 878 Hearing dates: 26 July 2012 Decision date: 03 August 2012 Before: McCallum J Decision: Plaintiff's application to have proceedings referred for hearing by another judge refused Catchwords: COURTS - jurisdiction - where proceedings remitted to trial judge to determine specified questions following appeal - whether task remitted by Court of Appeal required trial judge to rehear matters already determined by her - whether trial judge would be acting beyond power to determine questions remitted

COURTS - practice and procedure - application of apprehended bias principle -specific questions remitted to trial judge by Court of Appeal - whether issues already determined by trial judge - where decision to remit to same judge alleged to have been made by Court of Appeal per incuriam - whether matter should be referred for hearing by another judge Legislation Cited: Supreme Court Act 1970 Cases Cited: British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 British American Tobacco Australia Services Ltd v Laurie [2009] NSWCA 414 Harris v Bellemore [2010] NSWSC 176 Harris v Bellemore [2011] NSWCA 196 Category: Interlocutory applications Parties: Paul Harris (plaintiff) Michael Bellemore (defendant) Representation: Counsel: B Toomey QC / E Romaniuk (plaintiff) S Donaldson / E Muston (defendant) Solicitors: TD Kelly & Co (plaintiff) Blake Dawson (defendant) File Number(s): 2010/92491 2001/20699 Publication restriction: None