Gillies v State of New South Wales

In *Gillies v State of New South Wales*, the applicant, Mr Gillies, sought the recusal of the primary judge on the grounds of apprehended bias. Mr Gillies alleged that the primary judge had altered transcripts of previous hearings, which he contended demonstrated bias against him, particularly given that the judge had previously decided cases adversely to him. The applicant also sought access to an audio recording of a hearing, believing it would support his claim of transcript alteration.

The Court of Appeal was required to determine whether the primary judge had demonstrated actual or apprehended bias. It also had to consider whether Mr Gillies had established grounds for his notice of motion seeking access to the audio recording, and whether leave to appeal the dismissal of that motion should be granted.

The Court found no evidence of actual or apprehended bias. It noted that Mr Gillies had led no evidence to support his assertion that the transcripts had been altered. The Court applied the well-established test for apprehended bias, which requires an informed, fair-minded lay observer to reasonably apprehend that the judge might not bring an impartial mind to the issues. In this instance, the Court concluded that such an apprehension was not reasonably open. Consequently, the notice of motion was dismissed, leave to appeal was refused, and Mr Gillies was ordered to pay the respondents' costs.