Menzies v Paccar Financial Pty Ltd

[2018] NSWCA 197

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Menzies v Paccar Financial Pty Ltd [2018] NSWCA 197
Hearing dates:	20 August 2018
Date of orders:	20 August 2018
Decision date:	20 August 2018
Before:	Sackville AJA
Decision:	See paragraph [2]
Catchwords:	JUDGMENTS AND ORDERS – no issue of principle
Category:	Procedural and other rulings
Parties:	Colleen Anne Menzies (First Appellant) Ian David Menzies (Second Appellant) Paccar Financial Pty Ltd (Submitting appearance) Crown Advocate (Amicus Curiae)
Representation:	Counsel: In person (First and Second Appellants) Mr D Kell SC / Ms E Jones (Amicus Curiae) Mr P Doyle Gray (Amicus Curiae)   Solicitors: Self-represented (First and Second Appellants) New South Wales Crown Solicitor (Amicus Curiae)
File Number(s):	2016/268790
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2015] NSWSC 1622 Date of Decision: 6 September 2016 Before: Rothman J File Number(s): 2010/377702; 2015/171519; 2015/171520

EX TEMPORE Judgment

1. SACKVILLE AJA: I do not think that a basis has been established for me to remove myself from this matter. I understand the way you feel, both about me and about the other judges that have previously participated in the case. The fact that the particular case that I was involved in dismissed an appeal that you and your wife brought, does not establish that there is apprehended bias in the relevant sense for the purpose of my participation in the determination of this application. The question that I have to address is whether I can bring and be seen to bring an unprejudiced and unbiased mind to the issues that arise on this application. In my view, there is no impediment to my doing that on the basis of the contentions you have advanced. So for those reasons, I decline to recuse myself.

2. What you do in terms of conducting this case is of course a matter for you and, separately, for your wife to determine. I cannot, as a matter of duty, recuse myself because of a threat by litigants to remove themselves from the proceedings if I do not. For those reasons, I decline to recuse myself.

**********

Decision last updated: 10 September 2018