Lambourne v Baker (No 4)

In *Lambourne v Baker (No 4)*, the Honourable Basten AJA of the Court of Appeal of the Supreme Court of New South Wales considered applications by Mr Lambourne for the recusal of the judge and for an adjournment, as well as an application by the respondents to reopen and vary previous orders made in 2022. The underlying dispute concerned a judgment in favour of one appellant, subject to a set-off for the respondents' costs, with the judgment amount paid into court pending the determination of those costs.

The primary legal issues before the court were whether the judge should recuse himself, whether an adjournment was warranted, and whether the court had the power to vary its prior orders under the slip rule. Additionally, the court had to determine the appropriate disbursement of funds paid into court, representing the judgment amount and accrued interest, in light of the costs orders.

Basten AJA dismissed Mr Lambourne's applications for recusal and adjournment, finding no grounds to support them. The application to reopen and vary the 2022 orders was also dismissed, as the court found no basis for such an application under the slip rule. However, the respondents were granted leave to rely on an amended notice of motion seeking payment out of the moneys held in court. The court ordered that the sum of $210,249.00, plus accrued interest, be paid out, with $186,214.86 to the respondents and the balance to the third appellant. No order was made as to the costs of these motions, with each party to bear their own costs.