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 39Category: 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:
Solicitors:
Mr GJ Smith (Respondents)
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
-
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).
-
The appeals were heard by this Court on 1 November 2017. The appellant was self-represented.
-
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.
-
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.
-
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.
-
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…
Continue reading DJ Singh v DH Singh (No 2)
Sign in free to access the full text
- AGLC
- DJ Singh v DH Singh (No 2) [2018] NSWCA 31
- Case
- [2018] NSWCA 31
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the alleged misstatement of facts in the prior judgment gave rise to a reasonable apprehension that the judge was biased against the applicant, thereby necessitating recusal.
Gleeson JA considered the principles governing apprehended bias, particularly in the context of judicial pronouncements. His Honour determined that the alleged misstatement, when viewed objectively and in the context of the entire interlocutory judgment, did not demonstrate any actual or apprehended bias. The judge concluded that the applicant had not established a sufficient basis to warrant recusal, as the circumstances did not create a perception of a lack of impartiality.
Consequently, the application for recusal was declined.
Orders
Orders of the court
Application for recusal declined
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.