Bezer v Bassan [2017] NSWCA 214

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bezer v Bassan [2017] NSWCA 214 Hearing dates: 25 August 2017 Date of orders: 25 August 2017 Decision date: 28 August 2017 Before: McCallum AJA Decision: Proceedings in the District Court in the matter of Bezer v Bassan stayed pending the determination of the application for leave to appeal or the delivery of the trial judge's reserved judgment on an application to disqualify herself; costs of the application to be costs in the appeal Catchwords: APPEAL – application for leave to appeal against the decision of a judge of the District Court to proceed to hear evidence in a part-heard matter after reserving her decision on an application that she disqualify herself on the grounds of apprehended bias Cases Cited: Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Category: Procedural and other rulings Parties: Christopher Bezer (applicant) Troy Bassan (respondent) Representation: Counsel: D-L Del Monte (applicant) M Nesbeth (respondent)

Solicitors: Hunt & Associates (applicant) Hall & Wilcox Lawyers (respondent) File Number(s): 2017/259056 Publication restriction: None Decision under appeal Court or tribunal: District Court NSW Jurisdiction: Common Law Date of Decision: 24 August 2017 Before: Gibb DCJ

[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.]