Capilano Honey Ltd v Dowling [2018] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Capilano Honey Ltd v Dowling [2018] NSWSC 876 Hearing dates: 23 March 2018 Decision date: 04 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: I decline to recuse myself Catchwords: COURTS AND JUDGES – apprehended bias – where defendant's request for recusal in other proceedings acceded to – question raised by plaintiffs as to whether I should recuse myself in these proceedings Cases Cited: Antoun v R (2006) 224 ALR 51; [2006] HCA 2 Capilano Honey Ltd v Mulvany (No 2) [2017] NSWSC 1237 Dow v Dowling [2017] NSWSC 1793 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gaudie v Local Court of New South Wales (2013) 235 A Crim R 98; [2013] NSWSC 1425 Lee v Cha [2008] NSWCA 13 Seven Network v Dowling [2017] NSWSC 1803 Vakauta v Kelly (1989) 167 CLR 568 Category: Procedural and other rulings Parties: Capilano Honey Ltd (first plaintiff) Ben McKee (second plaintiff) Shane Dowling (defendant) Representation: Counsel: ATS Dawson SC, M Cowden (plaintiffs) Defendant self-represented

Solicitors: Addisons (plaintiffs) File Number(s): 2016/299522 Publication restriction: Suppression orders have been made in these proceedings but those orders do not apply to this judgment

Judgment 1. HER HONOUR: The plaintiffs in these proceedings have raised a question as to whether I should recuse myself. I am not persuaded that I should. Although no application for recusal was made, in the unusual circumstances in which the question was raised, it is appropriate to publish my reasons for reaching that conclusion.