Collier v Lancer

[2013] NSWCA 185

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of decision of single judge of appeal
4. › Supreme Court Act 1970 (NSW), s 46(4)
5. › Whether applicant demonstrated error of principle or that the decision was plainly wrong
1. Practice and Procedure
2. › Apprehended bias
3. › Proper procedure for raising apprehended bias of judicial officer
4. › Whether prohibition order from appellate court is appropriate remedy
5. › Application to be made to judicial officer concerned
1. Practice and Procedure
2. › Costs
3. › Discretion as to costs
4. › Unsuccessful party on notice of motion
5. › Civil Procedure Act 2005 (NSW), s 98(1)
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.2

Quick Take

An application for review under s 46(4) of the Supreme Court Act 1970 requires the applicant to demonstrate error of principle or that the decision was plainly wrong, and the burden is a heavy one. An allegation of apprehended bias against a judicial officer must be raised before that officer, not by seeking a prohibition order from an appellate court on an interlocutory motion.