Polsen v Harrison

2 NSWLR 740; [2021] NSWCA 23

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Bias
3. › Apprehended bias
4. › Application for recusal
5. › Judge commented on role of plaintiff's expert at conclave
6. › Comments made during preliminary discussion as to amended pleading
7. › Whether a fair-minded lay observer might think judge might have pre-judged credibility of witness
1. Appeal
2. › Jurisdiction
3. › Appeal from judgment or order
4. › Refusal of recusal application
5. › Application for disqualification made orally without notice of motion
6. › Whether refusal was a 'judgment or order'
7. › Supreme Court Act 1970 (NSW), s 101
1. Words and Phrases
2. › 'judgment or order'
3. › Supreme Court Act 1970 (NSW), s 101
1. Words and Phrases
2. › 'fair-minded lay observer'

Quick Take

An appeal lies directly from a refusal of a recusal application in NSW without the need to identify a subsequent interlocutory order, and strong judicial comments about expert conclave processes, made as preliminary case management observations, are unlikely to satisfy the apprehended bias test where counsel appears to agree with the judge's concerns.