Clark v Attorney General for New South Wales (No. 2)

In *Clark v Attorney General for New South Wales (No. 2)*, the applicant, Mr. Clark, sought to set aside an order previously made by Macfarlan, White, and Mitchelmore JJA. The dispute concerned an application to set aside a dismissal of a summons for judicial review of a judge's decision, which had refused an application for an inquiry into convictions.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether there was actual or apprehended bias on the part of the judges, necessitating their disqualification from hearing the notice of motion. Secondly, whether the previous order dismissing the summons for judicial review should be set aside on grounds of misapprehension of facts or law.

The Court rejected the application for disqualification, finding no basis for actual or apprehended bias. It further determined that the application to set aside the dismissal of the summons for judicial review lacked merit, as there had been no misapprehension of facts or law in the original decision. Consequently, the notice of motion filed by the applicant was dismissed with costs.