Simmons v New South Wales Trustee and Guardian [2014] NSWCA 144

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Simmons v New South Wales Trustee and Guardian [2014] NSWCA 144 Hearing dates: 29 April 2014 Decision date: 29 April 2014 Before: Barrett JA Decision: I decline to disqualify myself from participation in the hearing of the application for leave to appeal now before the 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: PROCEDURE - courts and judges - recusal - no matter of principle Legislation Cited: Real Property Act 1900 (NSW), s 42 Cases Cited: Michael Wilson & Partners v Nicholls [2011] HCA 48; 244 CLR 427 Simmons v Henwood [2013] NSWCA 184 Category: Interlocutory applications Parties: Paul Ernest Simmons (Applicant) New South Wales Trustee and Guardian (First Respondent) Raymond John Henwood (Second Respondent) Dorothy Frances Simmons (Third Respondent) Representation: Counsel: P E King (Applicant) Submitting Appearance (First Respondent) J M Ireland (Second Respondent) S F Hughes (Third Respondent) Solicitors: The People's Solicitors Pty Ltd (Applicant) I V Knight, Crown Solicitor (First Respondent) Denniston & Day (Second Respondent) Boyd House & Partners (Third Respondent) File Number(s): 2031/356521 Decision under appeal Citation: [2013] NSWSC 1688 Date of Decision: 2013-11-18 00:00:00 Before: Hammerschlag J File Number(s): 2011/79920