Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Choi v NSW Ombudsman [2025] NSWCA 26 Hearing dates: 24 February 2025 Date of orders: 28 February 2025 Decision date: 28 February 2025 Before: Griffiths AJA Decision: (1) Order pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) that Ms Choi appear by audio-visual link from South Korea.
(2) The amended summons filed 28 November 2024 is dismissed under r 13.4 of the UCPR.
(3) The applicant in the amended summons pay the first respondent’s costs of and incidental to the first respondent’s notice of motion filed 10 December 2024.
(4) The applicant’s notice of motion filed 10 December 2024 is dismissed, with costs.
Catchwords: COURTS AND JUDGES — application for recusal — whether apprehended bias — where allegation of apprehended bias based on association — where allegation of apprehended bias arose from outcome of internal court administrative procedures — where complaint made to the Judicial Commission
CIVIL PROCEDURE — summary disposal — dismissal of proceedings — where no reasonable cause of action disclosed — where proceedings are an abuse of process
Legislation Cited: Civil Procedure Act 2005 (NSW), s 91
Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B
Judicial Officers Act 1986 (NSW), s 20
Ombudsman Act 1974 (NSW)
Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28
Cases Cited: Bakarich v Commonwealth Bank of Australia [2010] NSWCA 43
Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29
Choi v NSW Ombudsman [2024] NSWSC 352
Choi v NSW Ombudsman [2024] NSWSC 940
Doulaveras v Daher (2009) 253 ALR 627; [2009] NSWCA 58
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20
Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48
Kaldas v Barbour (2022) 107 NSWLR 341; [2017] NSWCA 275
Re JRL; Ex Parte CJL (1986) 161 CLR 342 at 352; [1986] HCA 39
Texts Cited: Nil
Category: Principal judgment Parties: Jae Hee Choi (Applicant)
NSW Ombudsman (First Respondent)
NSW Civil and Administrative Tribunal (Second Respondent)Representation: Counsel:
Solicitors:
J Choi (Applicant) (in person)
Crown Solicitor’s Office (First Respondent)
Crown Solicitor’s Office (Second Respondent) (submitting)
File Number(s): 2024/281242 Publication restriction: Nil
JUDGMENT
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The applicant (Ms Choi) has filed an amended summons (supervisory jurisdiction) dated 28 November 2024 in this Court. In the summons originally filed by Ms Choi on 31 July 2024, as the applicant she described herself as “Jae Hee Choi trading as NSW Ombudswoman”. She described the first and second respondent (also referred to in that document as the first and second defendant) as “OFFICE OF THE OMBUDSMAN trading as State Government Entity ABN 76 325 886 267” and “CIVIL AND ADMINISTRATIVE TRIBUNAL OF NEW SOUTH WALES ABN 65 668 163 398” respectively.
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On 14 October 2024, the Registrar substituted the…
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- AGLC
- Choi v NSW Ombudsman [2025] NSWCA 26
- Case
- [2025] NSWCA 26
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether there was a reasonable cause of action disclosed in the proceedings and whether the proceedings constituted an abuse of process, warranting summary dismissal. The Court was also required to consider the application for recusal based on apprehended bias.
Griffiths AJA dismissed the applicant's amended summons under rule 13.4 of the Uniform Civil Procedure Rules 2005, finding that no reasonable cause of action was disclosed and that the proceedings were an abuse of process. The Court also dismissed the applicant's notice of motion. The Court ordered that Ms Choi appear by audio-visual link from South Korea pursuant to section 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) and ordered the applicant to pay the first respondent's costs.
Orders
Orders of the court
(1) Order pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) that Ms Choi appear by audio-visual link from South Korea.
(2) The amended summons filed 28 November 2024 is dismissed under r 13.4 of the UCPR.
(3) The applicant in the amended summons pay the first respondent’s costs of and incidental to the first respondent’s notice of motion filed 10 December 2024.
(4) The applicant’s notice of motion filed 10 December 2024 is dismissed, with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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