Jorgensen v Shorten [2016] NSWSC 1631

Supreme Court New South Wales

Medium Neutral Citation: Jorgensen v Shorten [2016] NSWSC 1631 Hearing dates: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Application for recusal refused Catchwords: COURTS AND JUDGES – apprehended bias – where judge had acted for one of the parties when at the bar – where relative of judge currently employed by that party – whether fair minded observer might think judge might not bring impartial mind to resolution of issues between the parties Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney General of New South Wales v Lucy Klewer [2003] NSWCA 295 Australian National Industries Ltd v Spedley Industries Ltd (In Liq) (1992) 26 NSWLR 411 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; HCA 63 Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 Johnson v Johnson (2000) 201 CLR 488; HCA 48 Re JRL; Ex parte CJL (1986) 161 CLR 342 Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78; HCA 31 Category: Procedural and other rulings Parties: Alan Bradley Jorgensen (First Plaintiff) (In Person) Teksid Pty Ltd (Second Plaintiff) Jim's Water Tanks Pty Ltd (Third Plaintiff) William Shorten (First Defendant) Kelvin Thomson (Second Defendant) Australian Securities and Investments Commission (Third Defendant) Glen Cook (Fourth Defendant) Graham Ashworth (Fifth Defendant) Representation: Counsel: J Clarke SC (Third, Fourth and Fifth Defendants)