Ugur v Attorney General for New South Wales

[2019] NSWCA 86

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Dismissal of proceedings
4. › No reasonable cause of action disclosed
5. › Whether factual basis for claim fanciful and entirely without substance
6. › Whether court bound to accept plaintiff's assertions as true on summary dismissal application
7. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Practice and Procedure
2. › Apprehended bias
3. › Pre-judgment
4. › Whether primary judge's remarks on earlier occasion regarding merits of application gave rise to reasonable apprehension of bias
5. › Self-represented litigant
6. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigant
4. › Whether denied procedural fairness by order of proceedings and conduct of hearing
1. Evidence
2. › Hearsay
3. › Exception for interlocutory proceedings
4. › Whether summary dismissal application is interlocutory proceeding
5. › Evidence Act 1995 (NSW), s 75

Quick Take

On an application for summary dismissal on the ground that the factual basis for the claim is fanciful and entirely without substance, the court is not bound to accept the plaintiff's assertions as true; and an order for summary dismissal is an interlocutory order such that the hearsay exception in s 75 of the Evidence Act 1995 (NSW) applies.