Rahman v Rahman

[2025] NSWCA 126

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Application for stay pending appeal
4. › Whether serious issues for determination
5. › Whether real risk of prejudice
6. › Whether stay has utility
7. › Civil Procedure Act 2005 (NSW), s 67
8. › Uniform Civil Procedure Rules 2005 (NSW), r 50.7
1. Practice and Procedure
2. › Parties
3. › Failure to join necessary parties
4. › Where trustees were necessary parties to stay application
1. Courts and Judges
2. › Bias
3. › Apprehended bias
4. › Refusal to recuse
5. › Whether stay of dismissal of recusal application has utility
6. › Whether appeal lies from rejection of recusal application

Quick Take

A stay of a primary judge's dismissal of a recusal application has no practical effect and will not be granted; trustees appointed by the court are necessary parties to any application to stay the order appointing them.