Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Menzies v Paccar Financial Pty Ltd [2018] NSWCA 197 Hearing dates: 20 August 2018 Date of orders: 20 August 2018 Decision date: 20 August 2018 Before: Sackville AJA Decision: See paragraph [2] Catchwords: JUDGMENTS AND ORDERS – no issue of principle Category: Procedural and other rulings Parties: Colleen Anne Menzies (First Appellant) Ian David Menzies (Second Appellant) Paccar Financial Pty Ltd (Submitting appearance) Crown Advocate (Amicus Curiae) Representation: Counsel: In person (First and Second Appellants) Mr D Kell SC / Ms E Jones (Amicus Curiae) Mr P Doyle Gray (Amicus Curiae) Solicitors: Self-represented (First and Second Appellants) New South Wales Crown Solicitor (Amicus Curiae) File Number(s): 2016/268790 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2015] NSWSC 1622 Date of Decision: 6 September 2016 Before: Rothman J File Number(s): 2010/377702; 2015/171519; 2015/171520 [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.] EX TEMPORE Judgment 1. SACKVILLE AJA: I do not think that a basis has been established for me to remove myself from this matter. I understand the way you feel, both about me and about the other judges that have previously participated in the case. The fact that the particular case that I was involved in dismissed an appeal that you and your wife brought, does not establish that there is apprehended bias in the relevant sense for the purpose of my participation in the determination of this application. The question that I have to address is whether I can bring and be seen to bring an unprejudiced and unbiased mind to the issues that arise on this application. In my view, there is no impediment to my doing that on the basis of the contentions you have advanced. So for those reasons, I decline to recuse myself. 2. What you do in terms of conducting this case is of course a matter for you and, separately, for your wife to determine. I cannot, as a matter of duty, recuse myself because of a threat by litigants to remove themselves from the proceedings if I do not. For those reasons, I decline to recuse myself. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 September 2018