[2011] NSWSC 766

Pastizzi Cafe Pty Ltd v Hossain (No 2)

Application to stand down dismissed.

Catchwords

PROCEDURE - Apprehended Bias - reference to $100 a week in Pastizzi Cafe Pty Ltd v Hossain [2011] NSWSC 765 was to an affidavit not then read - told issue hotly contested - whether should stand down

Cases cited

Australian Securities and Investments Commission v Rich[2005] NSWSC 149; (2005) 190 FLR 242

Legislation cited

Uniform Civil Procedure Rules 2005
Practice Note SC Eq 5

Judgment

EX TEMPORE Judgment

[1]
I have been asked to disqualify myself as a result of a comment made in the course of delivering an ex tempore judgment on an interlocutory basis with respect to the admission or non-admission in evidence of two expert reports.
[2]
In refusing the application to allow that evidence to be adduced, there were a number of bases on which I based my decision. One basis was that there had been an arrangement struck between the first plaintiff and the ATO to pay a debt at $100 a week while this dispute was still in train.
[3]
I have been told that in so doing I made reference to an affidavit that has not yet been read.
[4]
I do not regard that as indicating to a reasonable person an apprehension of bias on my part sufficient to cause me to stand down. The reference was only one of a number of bases upon which I made my ruling and it was in relation to an interlocutory matter.
[5]
I am told that the statement will be hotly contested. No doubt I will hear, in due course, the basis of that contest and will be in a position to rule, ultimately, on the issues with which I will be presented.
[6]
I decline the application to stand down.