DJ Singh v DH Singh (No 2)

[2018] NSWCA 31

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	DJ Singh v DH Singh and Others (No 2) [2018] NSWCA 31
Hearing dates:	1 November 2017
Decision date:	01 March 2018
Before:	Gleeson JA
Decision:	Application for recusal declined
Catchwords:	BIAS – apprehended bias – application for disqualification of judge – application based on asserted misstatement of facts in earlier interlocutory judgment
Cases Cited:	Barakat v Goritsas (No 2) [2012] NSWCA 36 British American Tobacco Australia Services Ltd v Laurie (2011) 242 CLR 283; [2011] HCA 62 DJ Singh v DH Singh and Others [2017] NSWCA 234 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2005] HCA 63 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39
Category:	Principal judgment
Parties:	David John Singh (Applicant) Darran Harsewan Singh (First Respondent) Paul William Campbell (Second Respondent) Sharon Leigh Singh (Third Respondent) Gurpal Kaur Singh (Fourth Respondent)
Representation:	Counsel: Mr GJ Smith (Respondents)   Solicitors: David Singh (Applicant in person) Kym Chapman Law (Respondents)
File Number(s):	2015/3194322017/156218
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 1457 (2 October 2015) [2017] NSWSC 269 (20 March 2015) Date of Decision: 20 October 2015 20 March 2017 Before: Black J File Number(s): 2013/141437 2013/338156 2013/350277 2013/338196

Judgment

1. GLEESON JA: Mr David Singh is the appellant in two appeals from a judgment and orders of the Equity Division in four proceedings that were heard together concerning the estate of the late Douglas John Singh (the deceased).

2. The appeals were heard by this Court on 1 November 2017. The appellant was self-represented.

3. At the conclusion of his oral argument, the appellant sought a short adjournment to consider whether there were any further matters he wished to put orally. The Court adjourned at 11:50 am for ten minutes and the hearing resumed at 12 noon.

4. Upon resumption of the hearing, the appellant made an oral application that I recuse myself on the ground of apprehended bias, having regard to statements made by me in an interlocutory judgment dealing with a stay application. The claim was thus one of apprehended prejudgment. I declined to recuse myself. These are my reasons for declining that application.

5. The first appeal concerned orders made by the primary judge (Black J) on 2 October 2015 granting probate in solemn form in respect of the will made by the deceased on 17 August 2006 (the 2006 will), and rejecting the cross-claims made by the appellant, and by the deceased’s wife, Mrs Gurpal Kaur Singh.

6. On 15 September 2017 I delivered reasons for judgment, sitting as a single judge of appeal in the referrals list, rejecting the appellant’s application for a stay of the orders made by Black J on 2 October 2015 and other relief including against the executors of…