Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2019] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Comlin Holdings Pty Ltd v Metlej Developments Pty Ltd [2019] NSWCA 62 Hearing dates: 19 March 2019 Decision date: 19 March 2019 Before: Basten JA Decision: Refuse the application for recusal. Catchwords: CIVIL PROCEDURE – recusal application – whether reasonable apprehension of bias – exchange with counsel in the course of argument – nature of costs order – further listing of interlocutory application Category: Procedural and other rulings Parties: Comlin Holdings Pty Ltd (Applicant) Metlej Developments Pty Ltd (First Respondent) Nova Scotia Developments Pty Ltd (Second Respondent) Kayrouz Constructions Pty Ltd (Third Respondent) L.A.D.S. Developments Pty Ltd (Fourth Respondent) Representation: Counsel: P King (Applicant) J Stoljar SC; L Gor (First and Second Respondents) A d'Arville (Third and Fourth Respondents)

Solicitors: McKell Solicitors (Applicant) Sachs Gerace Broome (First and Second Respondents McLachlan Thorpe Partners (Third and Fourth Respondents) File Number(s): 2018/185926 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2018] NSWSC 761 Date of Decision: 28 May 2018 Before: Parker J File Number(s): 2014/285405