Bakarich v Commonwealth Bank of Australia (No 3) [2012] NSWCA 391

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bakarich v Commonwealth Bank of Australia (No 3) [2012] NSWCA 391 Hearing dates: 14 November 2012 Decision date: 14 November 2012 Before: Campbell JA Decision: Application to recuse refused. [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: COURTS AND JUDGES - recusal of judge for ostensible bias - where necessary - requirement of demonstrating logical connection between facts giving rise to application and the possibility of bias - no such connection demonstrated - application refused Cases Cited: Bakarich v Commonwealth Bank of Australia [2010] NSWCA 43 Bakarich v Commonwealth Bank of Australia (No 2) [2012] NSWCA 390 Category: Interlocutory applications Parties: Anthony George Bakarich as Executor of the estate of the late Mary Patricia Bakarich (First Appellant) Anthony George Bakarich as Representative of the estate of the late Allan John Bakarich (Second Appellant) Anthony George Bakarich (Third Appellant) Vitlern Pty Limited (Fourth Appellant) A Bakarich Industries Pty Limited (Fifth Appellant) Commonwealth Bank of Australia (Respondent) Representation: Counsel: A Bakarich, in person (Appellants) DFC Thomas (Respondent) Solicitors: A Bakarich, in person, (Appellants) Commonwealth Bank of Australia (Charles Tilley), (Respondent) File Number(s): 2005/270113