Clark v Attorney General for New South Wales

[2023] NSWCA 212

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Bias rule
3. › Apprehended bias
4. › Prejudgment
5. › Prior judicial involvement in related proceedings
6. › Whether prior involvement on judicial review of refusal of prior application for review into conviction evinces reasonable apprehension of prejudgment of subsequent application for judicial review of refusal to inquire into conviction
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79
1. Practice and Procedure
2. › Disqualification of judge
3. › Statutory prohibition on judge sitting on appeal from own decision
4. › Whether s 110(1) of Supreme Court Act 1970 (NSW) applies to judicial review application in Court of Appeal
5. › Supreme Court Act 1970 (NSW), s 110(1)

Quick Take

A judge's prior involvement in judicial review of a related earlier decision does not, without more, give rise to a reasonable apprehension of bias where the principal legal issue in the subsequent proceeding is different.

Case Details

Citation[2023] NSWCA 212

CourtNSWCA

JurisdictionNew South Wales

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Relies on11

2023Applications by Peter Frederick Clark under Part 7 Crimes (Appeal and Review) Act 2001NSWSC 445
2023Clark v Attorney General for New South Wales (No. 2)NSWCA 3
2022Clark v Attorney General for New South WalesNSWCA 231
2021Application by Peter Frederick Clark pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)NSWSC 1364
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