Gaynor v Local Court of NSW & Ors [2019] NSWSC 516

Supreme Court New South Wales

Medium Neutral Citation: Gaynor v Local Court of NSW & Ors [2019] NSWSC 516 Hearing dates: 2 May 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Common Law Before: Harrison J Decision: Application dismissed Catchwords: CIVIL PROCEDURE – where plaintiff made application that judge should disqualify himself because of apprehended bias – where plaintiff argued that the judge's apprehended bias is based on the alleged political views of the judge's tipstaff – whether the alleged political views of the tipstaff would cause an independent observer to believe that the judge could not or might not bring an independent mind to the task of deciding the case – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 34B(2)(a) Local Court Act 2007 (NSW), s 34 Anti-Discrimination Act 1977 (NSW), ss 49ZS, 49ZT Cases Cited: Antoun v R (2006) 224 ALR 51; [2006] HCA 2 Burns v Corbett; Burns v Gaynor (2018) 92 ALJR 423; [2018] HCA 15 Burns v Corbett; Gaynor v Burns (2017) 96 NSWLR 247; [2017] NSWCA 3 Burns v Gaynor [2015] NSWCATAD 211 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Hurley v McDonald's Australia Ltd [2000] FCA 961 Category: Procedural and other rulings Parties: Bernard Gaynor (Plaintiff) Local Court of New South Wales (First Defendant) President of the New South Wales Civil and Administrative Tribunal (Second Defendant) President of the Anti-Discrimination Board of New South Wales (Third Defendant) Garry Burns (Fourth Defendant) Attorney General for New South Wales (Intervener) Representation: Counsel: P E King (Plaintiff) S Robertson (Intervener)